Gropp v. Huyette
Idaho Supreme Court
APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action for damages for wrongful foreclosure of chattel mortgage. Judgment for defendants and plaintiff appeals. While the instant action is on appeal, the judgment herein cannot be used as res adjtidicata, for, so long as appeal is pending, the judgment is not final. (Chambers v. Farnham, 39 Cal.
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APPEAL from the District Court of the Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Scales, Judge. Action for damages for wrongful foreclosure of chattel mortgage. Judgment for defendants and plaintiff appeals. While the instant action is on appeal, the judgment herein cannot be used as res adjtidicata, for, so long as appeal is pending, the judgment is not final. (Chambers v. Farnham, 39 Cal. App. 17, 179 Pac. 423; Vance v. Heath, 42 Utah, 148, 129 Pac. 365.) Whenever a statute, either impliedly or expressly, prohibits the maintenance or commencement of further prosecution,…
1Opinion of the CourtLee, J.
Prior to September 9, 1920, appellant was indebted to some of the respondents, and on that day signed a promissory note for $5,467.55, payable on demand to W. S. Huyette, trustee, for such indebtedness, and secured the same by a chattel mortgage. On September 22d thereafter, the trustee began a foreclosure of said mortgage, under the provisions of C. S., see. 6380 et seq., and the sheriff sold all of the property covered by the mortgage on September 29th, making return which showed that after crediting the amount for which the property sold, there remained an unpaid balance in excess of…
2Cases cited9 opinions
- Olden v. PaxtonIdaho Supreme Court · 1915
- Rust v. StewartIdaho Supreme Court · 1901
- Williams v. Boise Basin Mining & Development Co.Idaho Supreme Court · 1905
- In re MillerIdaho Supreme Court · 1896
- Skeen v. District Court of the Fifth Judicial DistrictIdaho Supreme Court · 1916
4 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Crane Creek Country Club v. City of BoiseIdaho Supreme Court · 1992
- Preston A. Blair Co. v. RoseIdaho Supreme Court · 1935
- Hunter v. Merger Mines Corp.Idaho Supreme Court · 1945
- Marshall Field & Co. v. HoughtonIdaho Supreme Court · 1922
- Evans v. District CourtIdaho Supreme Court · 1930
5 more not listed; retrieve them via the Exa API.