Williams v. Sherman
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Fremont County. Hon. James G. Gwinn, Judge. Action in foreclosure. Appeal from order denying motion to vacate writ of assistance and order striking appellant’s affidavit in support thereof. The affidavit of Sherman was not in fact a collateral attack upon the decree of the court.
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APPEAL from the District Court of the Ninth Judicial District, for Fremont County. Hon. James G. Gwinn, Judge. Action in foreclosure. Appeal from order denying motion to vacate writ of assistance and order striking appellant’s affidavit in support thereof. The affidavit of Sherman was not in fact a collateral attack upon the decree of the court. (Mills v. Smiley, 9 Ida. 325, 76 Pac. 783; O’Neill v. Potvin, 13 Ida. 721, 93 Pac. 20, 257.) In an application for writ of assistance, if the judgment be attacked, it is a direct and not a collateral attack. (Noble v. Harris, 33 Ida. 401, 195 Pac.…
1Opinion of the CourtMccarthy, J.
On September 22, 1916, the trial court entered a decree of foreclosure covering the land involved in this controversy. It contained an order that the purchaser at the foreclosure sale be let into possession, and that any of the parties to the action, or any person coming into possession under them, should deliver possession to such purchaser, on production of the sheriff's deed. Respondent F. D. Williams, receiver, was the plaintiff, and appellants were-the defendants in said foreclosure action; appellants made no appearance, and judgment was by default. On October 28, 1916, the land was sold…
2Cases cited5 opinions
- Knight v. . HoughtallingSupreme Court of North Carolina · 1886
- Mayor of San Jose v. FultonCalifornia Supreme Court · 1873
- Hooper v. YongeSupreme Court of Alabama · 1881
- Harding v. HarkerIdaho Supreme Court · 1909
- Noble v. HarrisIdaho Supreme Court · 1921
3Cited by8 opinions
- Williams v. ShermanIdaho Supreme Court · 1922
- Bashore v. AdolfIdaho Supreme Court · 1925
- Short v. PraisewaterIdaho Supreme Court · 1922
- Pro Indiviso, Inc. v. Mid-Mile Holding TrustIdaho Supreme Court · 1998
- Eagle Rock Corp. v. Idamont Hotel Co.Idaho Supreme Court · 1939
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