Barnes v. Buffalo Pitts Co.
Idaho Supreme Court
APPEAL from District Court, Latah County. Appellant claims that when an appeal is perfected from such an order or judgment as the one appealed from, all proceedings in the cause are stayed until the determination of such appeal.
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APPEAL from District Court, Latah County. Appellant claims that when an appeal is perfected from such an order or judgment as the one appealed from, all proceedings in the cause are stayed until the determination of such appeal. (Idaho Rev. Stats., sec. 4814; Buggies v. Superior Court, 103 Cal. 125', 37 Pac. 211; Livermore v. Campbell, 52 Cal. 75; Chou-teau v. Bowse, 90 Mo. 191, 2 S. W. 209; Petrie v. Muslcegon C. Judge, 98 Mich. 130, 56 N. W. 1109; Woodrum v. Kirkpatrick, 2 Swan (Tenn.), 218; 2 Eney. of PI. & Pr. 327 et seq.; Kaufman v. Superior Court, 108 Cal. 446, 41 Pae. 476.) cites no…
1Opinion of the CourtHuston, C. J.
— Plaintiff brought action against defendant under the provisions of section 3364 of the Revised Statutes to recover $100 penalty, and $300 damages, for defendant’s refusal to discharge a mortgage alleged to have been fully satisfied. The answer put in issue the material allegations of the complaint, and at the same time defendant filed a cross-complaint, alleging the sum of $402.15 and an attorney’s fee of $40 to be due on the promissory notes secured by said mortgage, and demanding judgment and decree foreclosing said mortgage. Judgment and decree for the amount claimed by defendant in its…
2Cases cited4 opinions
- Powers v. ChabotCalifornia Supreme Court · 1892
- Powers v. CraneCalifornia Supreme Court · 1885
- Snow v. HolmesCalifornia Supreme Court · 1883
- Barnes v. Pitts Agricultural WorksIdaho Supreme Court · 1898
3Cited by17 opinions
- Eastern Idaho Production Credit Ass'n v. Placerton, Inc.Idaho Supreme Court · 1980
- Perkins v. BundyIdaho Supreme Court · 1926
- Frazier v. Neilsen & Co.Idaho Supreme Court · 1989
- Idaho Farm Development Co. v. BrackettIdaho Supreme Court · 1927
- Marshall & Ilsley Bank v. StepkeWisconsin Supreme Court · 1938
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