Foore v. Simon Piano Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District of tbe State of Idaho, for the County of Shoshone. Hon. W. W. Woods, Judge. Action by plaintiff to vacate a judgment and set aside a sale made on execution and cancel a sheriff’s deed, and to quiet his title to certain lands sold under execution. Judgment for the defendant, and plaintiff appeals.
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APPEAL from the District Court of the First Judicial District of tbe State of Idaho, for the County of Shoshone. Hon. W. W. Woods, Judge. Action by plaintiff to vacate a judgment and set aside a sale made on execution and cancel a sheriff’s deed, and to quiet his title to certain lands sold under execution. Judgment for the defendant, and plaintiff appeals. This court has repeatedly held that the reservation of title in a vendor creates such a lien in his favor as bars him from resorting to attachment under our statute. (WUlman v. Friedman, 3 Ida. 734, 35 Pac. 37; Barton v. Oroseclose, 11…
1Opinion of the CourtAilshie, J.
(After Stating the Facts.) — ~We shall consider the errors assigned in the order in which they are presented in the brief.(1) Failure to find on all material issues.
The findings of the court cover all the issues that were essential to the final determination of this case. It was unnecessary for the court to find on questions which would not influence or affect the judgment to be entered. (Brown v. Macey, 13 Ida. 451, 90 Pac. 339.)(2) Falsity of the affidavit for attachment.
It is contended by appellant that the affidavit for attachment in the original action was false and that the court had no…
2Cases cited17 opinions
- Pennoyer v. NeffSupreme Court of the United States · 1878
- Kohler v. AgassizCalifornia Supreme Court · 1893
- Elston v. PiggottIndiana Supreme Court · 1884
- Meddis v. KenneySupreme Court of Missouri · 1903
- Brown v. MaceyIdaho Supreme Court · 1907
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3Cited by25 opinions
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- Portland Cattle Loan Co. v. Hansen Livestock & Feeding Co.Idaho Supreme Court · 1926
- Holt v. SatherMontana Supreme Court · 1928
- Northern Pacific Railway Co. v. GiffordIdaho Supreme Court · 1913
- Perry v. ReynoldsIdaho Supreme Court · 1942
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