Shumake v. Shumake
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Twin Falls County. Hon. Edward A. Walters, Judge. Motion was made to vacate and set aside a judgment entered by the clerk against a garnishee. Motion sustained. Plaintiff appeals from the order. This was an action upon a judgment; therefore, one “arising upon contract for the recovery of money or damages only,” so the clerk could do nothing, under the law, but enter judgment as he did.
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APPEAL from the District Court of the Fourth Judicial District for Twin Falls County. Hon. Edward A. Walters, Judge. Motion was made to vacate and set aside a judgment entered by the clerk against a garnishee. Motion sustained. Plaintiff appeals from the order. This was an action upon a judgment; therefore, one “arising upon contract for the recovery of money or damages only,” so the clerk could do nothing, under the law, but enter judgment as he did. (Rev. Codes, sec. 4360.) This statute is taken directly from California, and the supreme court of that state holds that a “judgment is a…
1Opinion of the CourtStewart, J.
— On Dec. 28, 1907, Eva B. Shumake recovered a judgment against Wiley T. Shumake in the district court of Twin Falls county, this state. On Dee. 30th of the same year execution was issued upon this judgment and placed in the hands of the sheriff, of said county, and upon the same day counsel for Eva B. Shumake served upon the sheriff a written notice notifying said sheriff that one Elbert De Busk of said county was indebted to the defendant, Wiley T. Shumake, in the sum of $400 and requested the sheriff to attach said debt, and at the same time furnished said sheriff certain interrogatories…
2Cases cited10 opinions
- Calderwood v. PeyserCalifornia Supreme Court · 1871
- Livermore v. CampbellCalifornia Supreme Court · 1877
- Thompson v. AlfordCalifornia Supreme Court · 1900
- White v. Superior CourtCalifornia Supreme Court · 1895
- Eagleson v. RubinIdaho Supreme Court · 1909
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3Cited by12 opinions
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- Occidental Life Insurance v. NiendorfIdaho Supreme Court · 1935
- Aker v. AkerIdaho Supreme Court · 1932
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