Lindenthal v. Burke
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The only jurisdiction the court or judge had was to make an order. {Mull v. Jones, 83 Kan. 112, 5 Pac. 390; Board v. Sco-vil'le, 13 Kan. 17.) The order, if made with jurisdiction to make it, would be only an assignment of the claim from the debtor to the creditor.
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APPEAL from District Court, Shoshone County. The only jurisdiction the court or judge had was to make an order. {Mull v. Jones, 83 Kan. 112, 5 Pac. 390; Board v. Sco-vil'le, 13 Kan. 17.) The order, if made with jurisdiction to make it, would be only an assignment of the claim from the debtor to the creditor. (Railroad Co. v. Hopkins, 94 U. S. 12; Bank v. Pugsley, 47 N. T. 368.) On proceedings supplementary to the execution, if the debt is denied, all the court or judge can do is to authorize by order the judgment creditor to bring his action. (Kev. Stats., sec. 4510.) ' The person sought to…
1Opinion of the CourtLogan, J.
It appears that on the twenty-seventh day of July, 1887, the plaintiff commenced an action in the district, court in and for the first district of Idaho territory, to recover $800 upon a promissory note against one Amadis Seymour. A writ of attachment was issued in the action, and on the thirtieth day of July, 1887, Burke, the appellant herein, was attached as a debtor of the defendant. Such proceedings were had in the action that .on the twenty-fifth day of October, 1887, judgment was rendered against Amadis Seymour, the defendant, for $884.21, and forty-nine dollars and fifty-five cents…
2Cases cited1 opinion
- West Side Bank v. . PugsleyNew York Court of Appeals · 1872
3Cited by7 opinions
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- Spaulding v. Coeur D'Alene Railway & Navigation Co.Idaho Supreme Court · 1899
- Twin Falls Realty Company v. BruneIdaho Supreme Court · 1928
- Hubbard v. MorseIdaho Supreme Court · 1955
- Mewes v. JacobsonIdaho Supreme Court · 1950
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