Hewitt v. Walters
Idaho Supreme Court
Original action praying for a writ of prohibition. Alternative writ issued, and on the return day demurrer was filed to the complaint and answer and return was also filed at the same time. Under a statute identical with section 4491, the California court has held that the right of redemption from a judicial sale is a statutory right, and no decree of the court can take it away. (Phillips v. Hagart, 113 Cal. 552, 54 Am.
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Original action praying for a writ of prohibition. Alternative writ issued, and on the return day demurrer was filed to the complaint and answer and return was also filed at the same time. Under a statute identical with section 4491, the California court has held that the right of redemption from a judicial sale is a statutory right, and no decree of the court can take it away. (Phillips v. Hagart, 113 Cal. 552, 54 Am. St. 369, 45 Pac. 843; Levy v. Búrlele (Cal.), 14 Pac. 564.) Under similar statutes to those of Idaho, the Illinois supreme court has also held that the right of redemption…
1Opinion of the CourtAilshie, J.
The plaintiff applied to this court for an alternative writ of prohibition against Hon. E. A. Walters, a judge of the fourth judicial district, and O. E. Cannon, a receiver appointed by and acting under the direction of the judge of said court, to prohibit and restrain further proceedings under an order of sale made and entered by the judge of said court. At the suit of a creditor of the Great Western Beet Sugar Co. a receiver was appointed to take charge of the property and business of the corporation, who thereafter qualified and took charge of its property and continued to conduct the…
2Cases cited18 opinions
- Hammock v. Loan & Trust Co.Supreme Court of the United States · 1882
- Meyer v. Johnston & StewartSupreme Court of Alabama · 1875
- State ex rel. Vilas v. WhartonWisconsin Supreme Court · 1903
- Dalliba v. WinschellIdaho Supreme Court · 1905
- Blair v. Illinois Steel Co.Illinois Supreme Court · 1896
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3Cited by3 opinions
- Hannon v. Mechanics Building & Loan Ass'nSupreme Court of South Carolina · 1935
- Beet Growers Sugar Co. v. Columbia Trust Co.Court of Appeals for the Ninth Circuit · 1925
- State Ex Rel. Tobin v. Independent Life Ins. of AmericaTennessee Supreme Court · 1937