Ocobock v. Nixon
Idaho Supreme Court
APPEAL from District Court, Nez Perees County. No brief filed. Where an order or judgment has been entered by the court below on the agreement of the parties, as was done by the court below in this cause, and not pursuant to the judgment or action of the court, neither party has any remedy by appeal from such action of the court done by consent of the parties, because it is considered the parties have no right to allege error in that to which they have consented, or to seek…
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APPEAL from District Court, Nez Perees County. No brief filed. Where an order or judgment has been entered by the court below on the agreement of the parties, as was done by the court below in this cause, and not pursuant to the judgment or action of the court, neither party has any remedy by appeal from such action of the court done by consent of the parties, because it is considered the parties have no right to allege error in that to which they have consented, or to seek reversal of the action of the court below, which they have caused by their request and consent, without having made a…
1Opinion of the CourtHuston, C. J.
— This action was brought to foreclose a mortgage on real property. No answer was filed by the defendants, or either of them. Judgment and decree of foreclosure were entered under a stipulation of the parties. By the terms of the stipulation it is agreed “that the plaintiff may have judgment and decree as prayed for in his complaint, and that no execution or order of sale ¿hall issue thereon until the expiration of five months from the rendition of said decree.” Decree and judgment were rendered in accordance with such stipulation on April 7, 1898. The notes and mortgage sued on are set forth…
2Cases cited2 opinions
- Vermont Loan & Trust Co. v. HoffmanIdaho Supreme Court · 1897
- Vermont Loan & Trust Co. v. McGregorIdaho Supreme Court · 1897
3Cited by5 opinions
- Reynolds v. Continental Mortgage Co.Idaho Supreme Court · 1962
- Idaho Farm Development Co. v. BrackettIdaho Supreme Court · 1927
- Pacific National Bank v. MountIdaho Supreme Court · 1976
- Anderson v. Oregon Mortgage Co.Idaho Supreme Court · 1902
- Pacific National Bank of Washington v. MountIdaho Supreme Court · 1976