Miller v. Pine Mining Co.
Idaho Supreme Court
APPEAL from District Court, Elmore County. The affidavit is no part of the undertaking. (Hayne on New Trial and Appeal, see. 213; Rev. Stats., see. 4810.) If an undertaking to stay an execution has been filed, the issuance of the execution is wrongful; and hence the motion to quash was well taken, and should have been sustained.
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APPEAL from District Court, Elmore County. The affidavit is no part of the undertaking. (Hayne on New Trial and Appeal, see. 213; Rev. Stats., see. 4810.) If an undertaking to stay an execution has been filed, the issuance of the execution is wrongful; and hence the motion to quash was well taken, and should have been sustained. (Rev. Stats., sec. 4810.) . The execution was properly issued, and the motion to quash the same properly dismissed, for the reason that no undertaking on appeal was filed with clerk of court, as provided by law. (Code Civ. Proe., secs. 4810, 4934; Hastings v.…
1Opinion of the Court
MORGAN J.
This action was commenced in the probate court of Elmore county on the thirtieth day of November, 1891. Complaint was filed on that date. On February 12, 1892, Wyman & Wyman appeared for the defendant, and demurred to plaintiff’s complaint, on the ground that it did not state facts sufficient to constitute a cause of action. On February 8, 1892, defendant appeared, and moved the court to dissolve the attachment issued herein, and release the property therefrom. On the twenty-third day of February, 1892, the probate court heard both the motion to dissolve the attachment and the…
2Cases cited7 opinions
- People v. Central Pacific RailroadCalifornia Supreme Court · 1890
- Loup v. California Southern RailroadCalifornia Supreme Court · 1883
- Richards v. Travelers' InsuranceCalifornia Supreme Court · 1889
- Morgan v. MenziesCalifornia Supreme Court · 1882
- White v. MullinsIdaho Supreme Court · 1892
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