Gordon v. Lemp
Idaho Supreme Court
APPEAL from District Court, Elmore County. We contend that a sufficient legal remedy was afforded in this case by the statute providing for proceedings supplemental to execution, and that that course must be pursued. In other words, the proceedings supplemental to execution, under our practice, takes the.place of a creditor’s bill at common law.
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APPEAL from District Court, Elmore County. We contend that a sufficient legal remedy was afforded in this case by the statute providing for proceedings supplemental to execution, and that that course must be pursued. In other words, the proceedings supplemental to execution, under our practice, takes the.place of a creditor’s bill at common law. (Adams v. Hacketi, 7 Cal. 187-201; McGullogh v. dark, 41 Cal. 298-302; Bank v. Robinson, 57 Cal. 520; Rand v. Rand, 78 N. C. 12.) The complaint is entirely insufficient. Before equity can be invoked in such a case, it must be shown that remedies at…
1Opinion of the CourtSullivan, J.
This action is in the nature of a creditors’ bill, whereby creditors of defendant Conner sought to subject a certain stock of merchandise which was in the possession of appellant Lemp, to the payment of their judgments against Conner. It is alleged in the complaint: That the defendant Conner on March 25, 1896, was the owner of and in the possession of a stock of merchandise, furniture, and fixtures situated in Boise City, and was there conducting a retail mercantile business, and on that date executed to appellant, Lemp, a certain promissory note for $7,740; with interest due one day after…
Also in this document: Concurrence.
2Cases cited4 opinions
- Kelly v. PerraultIdaho Supreme Court · 1897
- Rapp v. WhittierCalifornia Supreme Court · 1896
- Hewlett v. PilcherCalifornia Supreme Court · 1890
- Daly v. JosslynIdaho Supreme Court · 1901
3Cited by7 opinions
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Fritcher v. KelleyIdaho Supreme Court · 1921
- Johnson v. NiichelsIdaho Supreme Court · 1930
- Hayes v. FlesherIdaho Supreme Court · 1921
- Cann v. George B. Williams Land & Livestock Co.Nevada Supreme Court · 1935
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