Smith v. Clyne
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Biugham County. Hon. J. M. Stevens, Judge. An action to recover attorney’s fees. Judgment for plaintiff in the probate eourt. Appeal to the district court. Judgment of probate court affirmed, from which judgment defendant appeals. The demurrer and motion being on file at the time respondent applied for judgment, we were not in default, and under such conditions no judgment could properly be entered.
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APPEAL from the District Court of the Sixth Judicial District, for Biugham County. Hon. J. M. Stevens, Judge. An action to recover attorney’s fees. Judgment for plaintiff in the probate eourt. Appeal to the district court. Judgment of probate court affirmed, from which judgment defendant appeals. The demurrer and motion being on file at the time respondent applied for judgment, we were not in default, and under such conditions no judgment could properly be entered. (Hestres v. Clements, 21 Cal. 425; 23 Cyc. 750, 751; Mitchell v. Campbell (Or.), 13 Pac. 190; McMurtry v. State, 26 N. W. 915;…
1Opinion of the CourtStewart, J.
This case was before this court on a former appeal and is reported in 15 Ida. 254, 97 Pac. 40. In that opinion the facts very fully appear up to the time the district court acted upon the remittitur issued upon that opinion, and we will not again repeat or review such facts. After the remittitur went down, the record shows the district court heard and overruled the demurrer and motion pending and entered a judgment affirming the judgment of the probate court. The defendant appeals. The respondent moves to dismiss this appeal. We have carefully examined the motion and brief and find no grounds…
2Cases cited11 opinions
- People ex rel. Jones v. Cty. Court of El DoradoCalifornia Supreme Court · 1858
- Abadie v. CarrilloCalifornia Supreme Court · 1867
- Oliphant v. WhitneyCalifornia Supreme Court · 1867
- Brooks v. DouglassCalifornia Supreme Court · 1867
- Winchester v. BlackCalifornia Supreme Court · 1901
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3Cited by11 opinions
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- Culver v. Mountain Home Electric Co.Idaho Supreme Court · 1910
- Central Deep Creek Orchard Co. v. C. C. Taft Co.Idaho Supreme Court · 1921
- Oakes v. BuckmanSupreme Court of Vermont · 1913
- Aker v. ColemanIdaho Supreme Court · 1939
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