State v. Bruce
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. Action by the state of Idaho to establish a trust lien against the state and assets of the Capital State Bank of Idaho, insolvent, and to have its right decreed to be that of a preferred creditor. Judgment in favor of plaintiff to the extent of the cash on hand in the bank at the time it suspended business and against the state as to 'all other assets.
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APPEAL from the District Court of the Third Judicial District, for the County of Ada. Hon. Fremont Wood, Judge. Action by the state of Idaho to establish a trust lien against the state and assets of the Capital State Bank of Idaho, insolvent, and to have its right decreed to be that of a preferred creditor. Judgment in favor of plaintiff to the extent of the cash on hand in the bank at the time it suspended business and against the state as to 'all other assets. Plaintiff appeals. Having traced the state’s money into the coffers of the .bank, we are entitled to withdraw an equal amount…
1Opinion of the CourtAilshie, J.
(After stating the facts.) — Respondent has moved to dismiss this appeal on the ground that the order on Judgment appealed from is not final and is therefore not an appealable order or judgment. The position of the respondent is not tenable. The state came into the receivership case by petition to have a certain claim and lien established and decreed in favor of the state as a prior and preferred lien claim. The court’s order or judgment is final as to the subject matter involved in the state’s case. It finally determines that the state is not entitled to recover except as against the cash on…
2Cases cited25 opinions
- McLeod v. EvansWisconsin Supreme Court · 1886
- Spokane County v. First Nat. Bank of SpokaneCourt of Appeals for the Ninth Circuit · 1895
- Lowe v. JonesMassachusetts Supreme Judicial Court · 1906
- Myers v. Board of EducationSupreme Court of Kansas · 1893
- City of Lincoln v. MorrisonNebraska Supreme Court · 1902
20 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Montgomery v. SparksSupreme Court of Alabama · 1932
- City of Sturgis v. Meade County BankSouth Dakota Supreme Court · 1917
- Bellevue State Bank v. CoffinIdaho Supreme Court · 1912
- Cox v. St. Anthony Bank & Trust Co.Idaho Supreme Court · 1925
- Farmers Savings Bank v. BerginSouth Dakota Supreme Court · 1927
17 more not listed; retrieve them via the Exa API.