Roth v. Duvall
Idaho Supreme Court
Appeal from tbs third judicial district, Ada county. An action on tbe official bond of tbe sheriff. After tbe motion on tbe pleadings for judgment was denied, a trial was bad by tbe court, and. judgment rendered for defendants on tbe ground that tbe property levied on under tbe attachment was exempt 'from execution, and was for that reason released by tbe sheriff.
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Appeal from tbs third judicial district, Ada county. An action on tbe official bond of tbe sheriff. After tbe motion on tbe pleadings for judgment was denied, a trial was bad by tbe court, and. judgment rendered for defendants on tbe ground that tbe property levied on under tbe attachment was exempt 'from execution, and was for that reason released by tbe sheriff. Tbe objection tbat tbe sheriff could not justify bis action in releasing the property under bis return on the execution because such return was made after tbe time allowed bim in which to make such return had expired, was not made…
1Opinion of the Court
MoBíode, C. J.,
delivered the opinion of the court,
2ConcurrenceCum-mins, J.
This case is an appeal from the district court of the second judicial district, and the error assigned is that a motion by the plaintiff for the judgment on the pleadings was overruled and exeepted to. This exception is brought here for review, and its validity depends upon whether the defendants in their answer set up any defense to the action.
The defendants claim that the plaintiff has not shown that there is any point properly brought for review before this court. The fact seems to be that when the judge overruled the motion of plaintiff in…
3Cases cited1 opinion
- Sanford v. BoringCalifornia Supreme Court · 1859
4Cited by3 opinions
- Coombs v. CollinsIdaho Supreme Court · 1899
- Peterson v. MerrittIdaho Supreme Court · 1913
- Hill v. JosephIdaho Supreme Court · 1937