McElroy v. Whitney
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Carl A. Davis, Judge. Action to recover from an administratrix of the estate of a deceased person. Judgment for plaintiff. ‘ ‘ The modification of a judgment resulting from a new trial is in effect a new judgment, and an appeal may be taken from the entry of the modified judgment as from the original.”
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APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Carl A. Davis, Judge. Action to recover from an administratrix of the estate of a deceased person. Judgment for plaintiff. ‘ ‘ The modification of a judgment resulting from a new trial is in effect a new judgment, and an appeal may be taken from the entry of the modified judgment as from the original.” (Citing Mann v. Haley, 45 Cal. 63; 2 Hayne on New Trial and Appeal, Rev. ed., p. 1085, sec. 204.) The same rule applies to amended judgments generally. Even when a judgment has been entered nunc pro tunc…
1Opinion of the CourtSullivan, J.
This is an appeal from a modified or corrected judgment rendered and entered on the 26th of October, 1912. The original judgment was entered on the first day of May, 1912, in favor of the respondent, as administrator of the estate of John G. Whitney and against Mamie L. Whitney, as administratrix of the estate of W. G. Whitney, deceased, for the sum of $11,034.07. On October 9, 1912, Hugh E. McElroy, as administrator, moved to have said judgment *213amended by adding thereto the following: “And that said judgment be paid in due course of administration of the said estate of W. G. Whitney,…
Also in this document: Concurrence.
2Cases cited2 opinions
- de Racouillat v. SansevainCalifornia Supreme Court · 1867
- McElroy v. WhitneyIdaho Supreme Court · 1906
3Cited by8 opinions
- Frasier v. CarterIdaho Supreme Court · 1968
- Hartley v. BohrerIdaho Supreme Court · 1932
- Dowd v. Estate of DowdIdaho Supreme Court · 1940
- Frasier v. FrasierIdaho Supreme Court · 1964
- State ex rel. Beals v. City of StaffordSupreme Court of Kansas · 1916
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