First National Bank of Hailey v. Lewis
Utah Supreme Court
Appeal from the District Court of the Fourth Judicial District. Hon. James A. Miner, Judge.- Action by the First National Bank of Hailey, Idaho, against H. D. and J. S. Lewis, as executors of the estate of J. S. Lewis, deceased, and others, on a judgment obtained in Idaho. There was a judgment for plaintiff, and, from an order granting a new trial, it appeals.
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Appeal from the District Court of the Fourth Judicial District. Hon. James A. Miner, Judge.- Action by the First National Bank of Hailey, Idaho, against H. D. and J. S. Lewis, as executors of the estate of J. S. Lewis, deceased, and others, on a judgment obtained in Idaho. There was a judgment for plaintiff, and, from an order granting a new trial, it appeals. It will be seen that the judgment 'which was vacated by the order granting a new trial, was a judgment against the defendants personally, and is not a judgment against the estate. In order to understand fully what the judgment is,…
1Opinion of the Court
King, J.:
In May, 1888, suit was commenced in the district court of Alturas county, Idaho, by W. S. McCornick & Co. against J. S. Lewis, W. H. Nye, and others to recover the sum of $3,084, alleged to be due plaintiffs for money obtained by defendants, as copartners, from their bank. Personal service of summons was made on each defendant, and all answered separately, except Nye, against whom judgment by default was taken. J. S. Lewis denied the allegations of the complaint, and verified in person his answer. L. Price appeared as his attorney. Before the case was tried, Lewis died, and on the…
2Cases cited10 opinions
- Vaughan v. NorthupSupreme Court of the United States · 1841
- Dearborn v. MathesMassachusetts Supreme Judicial Court · 1880
- White v. MannSupreme Judicial Court of Maine · 1846
- Davis v. Connelly's ExecutorsCourt of Appeals of Kentucky · 1843
- James v. MorganSupreme Court of Connecticut · 1870
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