Idaho Trust & Savings Bank, Ltd. v. Nampa & Meridian Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Third 'Judicial District for Ada County. Hon. - Charles P. McCarthy, Judge. Action upon a judgment for costs. Judgment for plaintiffs. The judgment sued on was vacated by the decision of this court in case of Farmers’ Co-operative Ditch Co. v. Riverside Irr.
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APPEAL from the District Court of the Third 'Judicial District for Ada County. Hon. - Charles P. McCarthy, Judge. Action upon a judgment for costs. Judgment for plaintiffs. The judgment sued on was vacated by the decision of this court in case of Farmers’ Co-operative Ditch Co. v. Riverside Irr. Dist., 16 Ida. 525, 102 Pae. 481, and if respondents have any valid claim for moneys advanced by them, they should have the same allowed in their favor when final judgment is entered in said action. The law expressly provides that costs of this character must be based upon the final judgment allotting…
1Opinion of the CourtBudge, J.
This is an appeal from a personal judgment entered in favor of the respondent for the sum of $1,318.97, and is a companion case of Idaho Trust & Savings Bank, Ltd., v. W. H. Ridenbaugh et al., ante, p. 647, 161 Pac. 868, and was, by order of the trial court and by agreement of counsel, consolidated with and tried at the same time and *660upon the same evidence, as that case. We have carefully examined the additional assignments of error relied upon by appellants and do not deem it necessary to discuss them at length. We may say in passing, with reference to the bar of the statute of limitations,…
2Cases cited8 opinions
- Green v. CliffordCalifornia Supreme Court · 1892
- Hougland v. Avery Coal & Mining Co.Illinois Supreme Court · 1910
- Hucklebridge v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of Kansas · 1903
- Kain v. Arizona Copper Co.Arizona Supreme Court · 1913
- Suber v. ChandlerSupreme Court of South Carolina · 1892
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3Cited by2 opinions
- Muir v. City of PocatelloIdaho Supreme Court · 1922
- Eldridge v. Idaho State PenitentiaryIdaho Supreme Court · 1934