Diamond Bank v. Van Meter
Idaho Supreme Court
APPEAL from tbe District Court of tbe Fourth Judicial District for Twin Falls County. Hon. Edward A. Walters, Judge. Action to foreclose mortgage. Judgment for plaintiff. Defendant appeals. The respondent makes a motion to dismiss the appeal on the ground that the judgment is rendered against the appellant and the three other defendants, and that no notice of appeal was ever served upon the other defendants, and they do not join in the appeal.
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APPEAL from tbe District Court of tbe Fourth Judicial District for Twin Falls County. Hon. Edward A. Walters, Judge. Action to foreclose mortgage. Judgment for plaintiff. Defendant appeals. The respondent makes a motion to dismiss the appeal on the ground that the judgment is rendered against the appellant and the three other defendants, and that no notice of appeal was ever served upon the other defendants, and they do not join in the appeal. “Adverse party,” within the meaning of section 4808, has been defined by this court to be “every person whose interest in the subject matter of appeal…
1Opinion of the Court
STEWART, J.-
This is an action to foreclose a real estate mortgage. The complaint alleges that on July 1, 1906, at the *245city of Twin Falls, state of Idaho, R. H. Holtzman and J ohn N. Claar made their certain promissory note dated on that date for the sum of $2,800, payable to the order of Lon Warden on or before fifteen months after date; that to secure the payment of said note said Holtzman and Claar on July 2, 1906, executed and delivered to Warden -a mortgage on certain real property situated in the then county of Cassia, now county of Twin Falls, state of Idaho; that such mortgage was…
Also in this document: Concurrence.
2Cases cited15 opinions
- Senter v. De BernalCalifornia Supreme Court · 1869
- Jaeckel v. PeaseIdaho Supreme Court · 1898
- Moe v. HargerIdaho Supreme Court · 1904
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1907
- Coffin v. EdgingtonIdaho Supreme Court · 1890
10 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Weeter Lumber Co. v. FalesIdaho Supreme Court · 1911
- Bettilyon Home Builders Co. v. PhilbrickIdaho Supreme Court · 1918
- Sonleitner v. McLarenIdaho Supreme Court · 1933
- Berlin Machine Works v. Bradford-Kennedy Co.Idaho Supreme Court · 1912
- Chapman v. BoehmIdaho Supreme Court · 1915
11 more not listed; retrieve them via the Exa API.