Legal Opinion · Dissent

Skelton v. Spencer

Idaho Supreme Court

Decided February 10, 1981No. 12969Published

1DissentBistline, Justice

I cannot agree with the majority that the three separate claims of Rigby & Thatcher can properly be brought and pursued to judgment in this single particular enforcement of lien proceeding. To help clarify these rather involved proceedings, I will briefly explain the nature of the three separate claims as they appear to me:

1.Removal of executor (Civil No. 4193, Bonneville County, Magistrate Division). As to the removal of the executor and ratification of the children’s disclaimers, Rigby & Thatcher had, prior to the exchange of letters re fees with Spencer, filed a petition in the probate…

2Cases cited21 opinions

  1. In Re PaschalSupreme Court of the United States · 1871
  2. Regents of University of California v. Superior CourtCalifornia Supreme Court · 1970
  3. Fong v. SternesCalifornia Supreme Court · 1889
  4. Collins v. ThuringerSupreme Court of Colorado · 1933
  5. Johnson v. ClarkMontana Supreme Court · 1957

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