Tappin v. McCabe
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. 'William W. Woods, Judge. Action for damage against the sheriff of Shoshone county for alleged failure and refusal to take into his possession personal property described in a chattel mortgage under an affidavit and notice of sale. Demurrer to amended complaint sustained by the trial court.
Read the full summary
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. 'William W. Woods, Judge. Action for damage against the sheriff of Shoshone county for alleged failure and refusal to take into his possession personal property described in a chattel mortgage under an affidavit and notice of sale. Demurrer to amended complaint sustained by the trial court. The respondent, as sheriff of Shoshone county, had no authority to sell the mortgaged property in question until appellant had demanded possession of the property and peaceable possession thereof could not be obtained,…
1Opinion of the CourtBudge, J.
— This is an action brought in the district court of the first judicial district for Shoshone county, against the sheriff of said county for failure to take possession of a certain portion of the personal property described in a chattel mortgage, and sell the same to satisfy the balance due upon an alleged indebtedness to the plaintiff by the mortgagor by notice and sale upon an affidavit by the mortgagee, as provided under sec. 3413, Rev. Codes, as amended by Sess. L. 1909, p. 149.
*404The plaintiff, in his amended complaint, alleges, inter alia, that the defendant is now, and at all times since…
2Cases cited1 opinion
- Rein v. CallawayIdaho Supreme Court · 1901
3Cited by7 opinions
- Peterson v. Hailey National BankIdaho Supreme Court · 1931
- Gandiago v. FinchIdaho Supreme Court · 1928
- Advance Rumley T. Co., Inc. v. AyresIdaho Supreme Court · 1929
- Hudson v. CarlsonIdaho Supreme Court · 1918
- Standlee v. HawleyIdaho Supreme Court · 1931
2 more not listed; retrieve them via the Exa API.