Dahlstrom v. Featherstone
Idaho Supreme Court
APPEAL from tbe District Court of tbe First Judicial District, for tbe County of Shoshone. Hon. E. T. Morgan, Judge. Petition and motion by respondent, A. H. Featherstone, to bave tbe equity of bis lien for attorney’s fees established as a charge against a judgment procured by him, and to bave tbe satisfaction of that judgment vacated and set aside on the grounds of fraud and for an execution on the original judgment.
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APPEAL from tbe District Court of tbe First Judicial District, for tbe County of Shoshone. Hon. E. T. Morgan, Judge. Petition and motion by respondent, A. H. Featherstone, to bave tbe equity of bis lien for attorney’s fees established as a charge against a judgment procured by him, and to bave tbe satisfaction of that judgment vacated and set aside on the grounds of fraud and for an execution on the original judgment. Judgment entered in favor of tbe petitioner, and tbe judgment debtor and one of the judgment creditors appeal. One cause of action cannot be grafted on to another to hold…
1Opinion of the CourtAilshie, J.
A motion bas been made to dismiss tbis appeal on tbe ground that it was not taken witbin sixty days after tbe order or judgment was made. Tbe order or judgment from wbieb tbe appeal bas been prosecuted was made in the case of Clora Markle Dahlstrom, Plaintiff, v. Portland Mining Co., Alvan Markle and Markle Banking and Trust Co., Defendants, and some three years after tbe rendition and entry of the original judgment. The order involved in tbis appeal was made and entered on July 3, 1905, and directed that tbe satisfaction of the original judgment which bad been made and entered be vacated and…
2Cases cited5 opinions
- Porter v. Title Guaranty & Surety Co.Idaho Supreme Court · 1909
- Warren v. StoddartIdaho Supreme Court · 1899
- Dahlstrom v. Portland Mining Co.Idaho Supreme Court · 1906
- Broadbent v. BrumbackIdaho Supreme Court · 1888
- Gray v. DenhalterUtah Supreme Court · 1898
3Cited by8 opinions
- Renfro v. NixonIdaho Supreme Court · 1935
- Kerns v. Washington Water Power Co.Idaho Supreme Court · 1913
- Hammond, Whiting & East Chicago Railway Co. v. KaputIndiana Court of Appeals · 1915
- White v. St. Alphonsus Regional Medical CenterIdaho Court of Appeals · 2001
- Barge v. OwnbySupreme Court of Georgia · 1930
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