Neustadter Bros. v. Doust
Idaho Supreme Court
APPEAL from the District Court of First Judicial District for the County of Kootenai. Hon. R. T. Morgan, Judge. Action by the plaintiff to restrain the sheriff from selling certain personal property under affidavit and notice for the sale of such property on chattel mortgage. Demurrer to the complaint sustained and judgment of dismissal entered. Plaintiff appealed from the judgment.
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APPEAL from the District Court of First Judicial District for the County of Kootenai. Hon. R. T. Morgan, Judge. Action by the plaintiff to restrain the sheriff from selling certain personal property under affidavit and notice for the sale of such property on chattel mortgage. Demurrer to the complaint sustained and judgment of dismissal entered. Plaintiff appealed from the judgment. Every complaint should receive, if possible, such a liberal construction as will permit issues to be joined with respect to the facts and the law, so that a result may be had which will eventually test the issues…
1Opinion of the CourtAilshie, C. J.
The respondent made a motion to dismiss the appeal in this case on the ground that it was not taken within sixty days after the rendition and entry of the order from which the appeal is taken, nor within one year from any final judgment in the case. When the action was commenced a temporary restraining order was issued, and thereafter, on the fourteenth day of May, 1906, the judge made an order dissolving the injunction. The judge also sustained the demurrer to the complaint at the' same time he dissolved the restraining order. Thereafter, and on the twenty-seventh day of August) “the…
2Cases cited11 opinions
- People's Savings Bank v. BatesSupreme Court of the United States · 1887
- Horn v. Volcano Water Co.California Supreme Court · 1859
- Fearey v. CummingsMichigan Supreme Court · 1879
- Hamilton v. SmithSupreme Court of Iowa · 1881
- Yetzer v. YoungSouth Dakota Supreme Court · 1892
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Kettenbach v. WalkerIdaho Supreme Court · 1919
- Ryan v. RogersIdaho Supreme Court · 1908
- Martin v. HollowayIdaho Supreme Court · 1909
- In re HickersonDistrict Court, D. Idaho · 1908
- In re SimpsonDistrict Court, D. Idaho · 1929
3 more not listed; retrieve them via the Exa API.