Collins v. Brown
Idaho Supreme Court
'APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. "W. W. Woods, Judge. Aetion by plaintiff to foreclose a chattel mortgage. Cross-action by one of the defendants to foreclose a chattel mortgage. Judgment in part for the plaintiff and in part for the defendants, from which both parties appeal.
Read the full summary
'APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. "W. W. Woods, Judge. Aetion by plaintiff to foreclose a chattel mortgage. Cross-action by one of the defendants to foreclose a chattel mortgage. Judgment in part for the plaintiff and in part for the defendants, from which both parties appeal. The personal service of the cross-complaint is the method directed by the legislature for acquiring jurisdiction to prosecute the cross-complaint as against a cross-defendant. Without this personal service the cross-plaintiff had no jurisdiction as to his mortgage…
1Opinion of the CourtAilshie, J.
The motion by cross-appellants to dismiss the appeal is not well taken, and is therefore denied.
In this case the plaintiff;, Orville M. Collins, has appealed from the judgment, and the defendants, T. Driscoll and John Troutman, have also appealed.
This action was commenced by the appellant for the foreclosure of a chattel mortgage executed in favor of appellant by Wilbur R. Brown and Leonard L. Brown, two of the respondents herein. The defendant Driscoll filed a cross-complaint for the foreclosure of a chattel mortgage executed against the same property by defendant Troutman. These mortgages…
2Cited by6 opinions
- Sims v. JamisonCourt of Appeals for the Ninth Circuit · 1933
- Wallace v. PerryIdaho Supreme Court · 1953
- United States National Bank v. WrightOregon Supreme Court · 1929
- Egus v. Triumph Min. Co.Idaho Supreme Court · 1951
- Barnhardt v. HansenIdaho Supreme Court · 1922
1 more not listed; retrieve them via the Exa API.