Shaw v. Martin
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. An action to foreclose a mechanic’s lien. Judgment for plaintiff. Defendant appealed. It does not seem tenable that under the general laws of this state in regard to the commencing of civil actions one may file his complaint and not have summons issued until the last day of the time allowed by sec. 4139, Eev.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. An action to foreclose a mechanic’s lien. Judgment for plaintiff. Defendant appealed. It does not seem tenable that under the general laws of this state in regard to the commencing of civil actions one may file his complaint and not have summons issued until the last day of the time allowed by sec. 4139, Eev. Codes, in which to have summons issued, and then after summons does issue wait an indefinite time to suit his own convenience and pleasure to have summons served and returned. Statutes…
1Opinion of the CourtStewart, C. J.
This is an action commenced by R. S. Shaw, plaintiff, against “Martha Martin et al, and R. L. Gambill, ’ ’ for the foreclosure of a lien for material furnished by plaintiff to R. L. Gambill, a contractor, who made a contract with R. H. Martin and Martha Martin for the construction of a cement sidewalk upon premises alleged to belong to Martha Martin, described in the complaint as follows: “Situated in the City of Boise, County of Ada, State of Idaho, to wit: Commencing at the Northeast corner of Block 10, Resseguie’s Addition to Boise City, thence, west 115 feet; along North line of said…
2Cases cited6 opinions
- In re ClarkeCalifornia Supreme Court · 1899
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1908
- Thompson v. Wise Boy Mining & Milling Co.Idaho Supreme Court · 1903
- Shaw v. JohnstonIdaho Supreme Court · 1910
- Carpentier v. MinturnCalifornia Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miller v. ProutIdaho Supreme Court · 1921
- Sammis v. Magnetek, Inc.Idaho Supreme Court · 1997
- Martin v. HoblitIdaho Supreme Court · 1999
- Lohman v. FlynnIdaho Supreme Court · 2003
- State v. BarrIdaho Supreme Court · 1941
3 more not listed; retrieve them via the Exa API.