Williams v. Boise Basin Mining & Development Co.
Idaho Supreme Court
APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Judgment for the plaintiff, from which defendant appeals. A judgment rendered in vacation without any agreement of record of the parties that the same could be done is a nullity and therefore void. (Smith v. Chichester, 1 Cal. 409; Coffenbirry v. Harrald, 5 Cal. 493; Peabody v. Phelps, 7 Cal. 54; wicks v. Ludwig, 9 Cal. 173; Filley v. Cody, 4 Colo. 109; Kirlley v. Marshall Silver Min.
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APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Judgment for the plaintiff, from which defendant appeals. A judgment rendered in vacation without any agreement of record of the parties that the same could be done is a nullity and therefore void. (Smith v. Chichester, 1 Cal. 409; Coffenbirry v. Harrald, 5 Cal. 493; Peabody v. Phelps, 7 Cal. 54; wicks v. Ludwig, 9 Cal. 173; Filley v. Cody, 4 Colo. 109; Kirlley v. Marshall Silver Min. Co., 4 Colo. 110 Francis v. Wells, 4 Colo. 274; Pressley v. Harrison, 102 Ind. 14, 1 N. E. 188.) A judgment rendered in vacation…
1Opinion of the CourtStockslager, C. J.
— This action was brought by the plaintiff to recover from the defendant, the Boise Basin Mining and Development Company, the sum of $4,000 alleged to be due plaintiff on or before April 28, 1900, as a balance of the purchase price of certain mining property sold for $100,000 to George H. Roberts, assignor of said defendant, the Boise Basin Mining and Development Company, and that plaintiff has a vendor’s lien upon said mining properties. Defendants answered said complaint denying that either of them were indebted to plaintiff in any sum of money, and alleging, among other things, that on…
2Cases cited9 opinions
- Stickney v. HanrahanIdaho Supreme Court · 1900
- Graham v. LinehanIdaho Supreme Court · 1880
- Taylor v. McCormickIdaho Supreme Court · 1901
- Ramsay v. HartIdaho Supreme Court · 1872
- First National Bank v. SampsonIdaho Supreme Court · 1901
4 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
- Crowley v. Croesus Gold & Copper Mining Co.Idaho Supreme Court · 1906
- Corker v. CowenIdaho Supreme Court · 1917
- Baldwin v. Singer Sewing MacHine Co.Idaho Supreme Court · 1930
- Swanson v. GroatIdaho Supreme Court · 1906
10 more not listed; retrieve them via the Exa API.