First National Bank v. Sampson
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. Section 4520 of the Revised Statutes of this state provides for all foreclosure proceedings. When the return of the sheriff shows a balance still due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt, and it becomes a lien against the real estate of such judgment debtor, as in other cases on which execution may be issued.
Read the full summary
APPEAL from District Court, Nez Perces County. Section 4520 of the Revised Statutes of this state provides for all foreclosure proceedings. When the return of the sheriff shows a balance still due, judgment can then be docketed for such balance against the defendant or defendants personally liable for the debt, and it becomes a lien against the real estate of such judgment debtor, as in other cases on which execution may be issued. Such balance when docketed by the clerk becomes a personal judgment and not before. (Bussell v. Hank, 9 Utah, 309, 34 Pac. 245.) It is a general rule of law…
1Opinion of the CourtStockslager, J.
This action was commenced in the district court of Nez Perces county. The complaint was filed on the thirtieth day of August, 1900. On the tenth day of September thereafter a demurrer was filed, to wit: “The above-named defendants demur to the complaint of the plaintiff in this action, and specify as grounds of objection thereto that it appears upon the face of the complaint that the same does not state facts sufficient to constitute a cause of action.” On the twenty-fourth day of September, 1900, an order was made by the district court overruling the demurrer, in which order the judge states…
2Cases cited2 opinions
- Anderson v. CecilCourt of Appeals of Maryland · 1897
- State v. BoiseIdaho Supreme Court · 1897
3Cited by5 opinions
- Casady v. ScottIdaho Supreme Court · 1924
- Williams v. Boise Basin Mining & Development Co.Idaho Supreme Court · 1905
- Swanson v. GroatIdaho Supreme Court · 1906
- Swinehart v. TurnerIdaho Supreme Court · 1924
- Butler v. CortnerIdaho Supreme Court · 1926