Corey v. Blackwell Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover the amount of an alleged fraudulent preference made by a bankrupt. Motion for a continuance denied, and judgment of dismissal entered. We are not willing to concede that the court exercised a sound discretion. On the contrary, we insist that he abused the discretion vested in him.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover the amount of an alleged fraudulent preference made by a bankrupt. Motion for a continuance denied, and judgment of dismissal entered. We are not willing to concede that the court exercised a sound discretion. On the contrary, we insist that he abused the discretion vested in him. (Hamilton v. Hamilton, 21 Ida. 672, 123 Pac. 630.) This court has not heretofore hesitated to reverse the trial court upon a matter of its discretion with respect to a continuance.…
1Opinion of the CourtSullivan, C. J.
— This action was brought by the plaintiff as trustee in bankruptcy of one R. J. Johannes against the Blackwell Lumber Company, a corporation, and Mrs. R. J. Johannes, to recover the amount of an alleged fraudulent preference attempted to be made by Johannes, the bankrupt, to his divorced wife, one of the defendants.
The lumber company was made a party defendant because it had in its possession money originally due to said R. J. Johannes, while the latter was engaged in the coal business in Spokane, Washington, and because a garnishment or attachment had been issued against it in an action…
2Cases cited1 opinion
- Corey v. Blackwell Lumber Co.Idaho Supreme Court · 1913
3Cited by5 opinions
- Lanning v. SpragueIdaho Supreme Court · 1951
- Pauley v. Salmon River Lumber Co.Idaho Supreme Court · 1953
- Berlin Machine Works v. Dehlbom Lumber Co.Idaho Supreme Court · 1919
- Pacific Coast Joint Stock Land Bank v. Security Products Co.Idaho Supreme Court · 1936
- Lanning v. SpragueIdaho Supreme Court · 1951