Idaho Trust & Savings Bank, Ltd. v. Ridenbaugh
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action upon a judgment for costs. Judgment for plaintiffs. The so-called judgment upon which this action is based is void, and as sueh may be collaterally attacked.
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APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action upon a judgment for costs. Judgment for plaintiffs. The so-called judgment upon which this action is based is void, and as sueh may be collaterally attacked. (Freeman on Judgments, 3d ed., sec. 117; Leland v. Isenbeck, 1 Ida. 469; Bay v. Bay, 1 Ida. 566, 581.) “If a person is not made a party to an action, his rights cannot be determined or affected by a judgment or decree entered in such ease.” (Idaho Irr. Go. v. Dill, 25 Ida. 711, 720, 139 Pac. 714; 23 Cyc. 412; Bachman v.…
1Opinion of the CourtBudge, J.
On January 18, 1906, a judgment was rendered by the district court of the third judicial district (now the seventh judicial district), in and for Canyon county, in the case of Farmers’ Co-operative Ditch Company, Plaintiff, v. Riverside Irrigation District, Limited, W. H. Ridenbaugh et al., Defendants, by which .judgment there was assessed against defendants W. H. Ridenbaugh and A. Rossi the sum of $962.50, as the pro rata share to be borne by them of the total expense incurred by the state engineer of Idaho in making surveys under authority of the act of the legislature of March 11, 1903…
2Cases cited5 opinions
- Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904
- Farmers' Co-Operative Ditch Co. v. Riverside Irrigation District, Ltd.Idaho Supreme Court · 1909
- Farmers' Co-operative Ditch Co. v. Riverside Irrigation District, Ltd.Idaho Supreme Court · 1908
- Tally v. ReynoldsSupreme Court of Arkansas · 1838
- Sammis v. Wightman ex rel. MarcherSupreme Court of Florida · 1893
3Cited by1 opinion
- Idaho Trust & Savings Bank, Ltd. v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1916