Barnes v. Pitts Agricultural Works
Idaho Supreme Court
APPEAL from District Court, Latah County. Devised Statutes of Idaho, section 3364, entitles a mortgagor, etc., to bring an action for the penalty whenever the mortgage has been satisfied, and the mortgagee refuses to cancel the same ■of record on demand. (Wilber v. Pierce, 56 Mich. 169, 22 N. W. 316.) The word “satisfied” in the statute, we submit, means “'in so far as the mortgage is legal and binding.” (Stevens v. Home Sav. etc.
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APPEAL from District Court, Latah County. Devised Statutes of Idaho, section 3364, entitles a mortgagor, etc., to bring an action for the penalty whenever the mortgage has been satisfied, and the mortgagee refuses to cancel the same ■of record on demand. (Wilber v. Pierce, 56 Mich. 169, 22 N. W. 316.) The word “satisfied” in the statute, we submit, means “'in so far as the mortgage is legal and binding.” (Stevens v. Home Sav. etc. Assn., 5 Idaho, 739, 51 Pae. 779, 986.) When an appeal is perfected from such an order or judgment as the one appealed from, all proceedings in the cause are stayed…
1Opinion of the CourtSullivan, C. J.
(After Stating the Facts.) — The first error assigned is that the court erred in sustaining the defendant’s objection to plaintiff’s counsel reading section 3361 of the Eevised Statutes to the jury, as reference was made thereto in the complaint. It appears that plaintiff’s counsel, in making his opening statement to the jury, undertook to read said section of the statute to the jury, and objection was made thereto by defendant’s counsel, and the objection was sustained. As plaintiff’s action was brought under the provisions of said section, and said section referred to in the complaint, we…
2Cited by3 opinions
- Barnes v. Buffalo Pitts Co.Idaho Supreme Court · 1899
- Spongberg v. First National BankIdaho Supreme Court · 1909
- Ebbert v. First Nat. Bank of CondonOregon Supreme Court · 1929