Lewis v. Sutton
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. An action to foreclose a Mortgage. Judgment for plaintiff. Defendant appeals.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. John F. MacLane, Judge. An action to foreclose a Mortgage. Judgment for plaintiff. Defendant appeals. No attorneys’ fees can be allowed unless the note or mortgage provides for the allowance of the same, and where the contract expressed in the instrument provides for a specific amount, an amount greater than that specified cannot be allowed, although the same may be inadequate for the services performed. (Palmeter v. Carey, 63 Wis. 426, 21 N. W. 793, 23 N. W. '586; Gunzenhauser v. Henke, 97 111. App. 485; Henke…
1Opinion of the CourtStewart, C. J.
This is an action to foreclose a real estate mortgage given to secure the payment of two promissory notes, both dated March 21, 1910, one for $1,000 due in twelve months, and the other for $3,000 due in two years after date. Service of summons was duly made and a default judgment was entered against the appellants for the amount due upon the notes and for $250 attorneys’ fees and the foreclosure of said mortgage. The appellants appeal from this judgment.
The only question presented upon this appeal is the amount of attorneys’ fees allowed in the judgment. Each of the promissory notes for which…
Also in this document: Concurrence.
2Cases cited7 opinions
- Monroe v. FohlCalifornia Supreme Court · 1887
- Porter v. Title Guaranty & Surety Co.Idaho Supreme Court · 1909
- Palmeter v. CareyWisconsin Supreme Court · 1885
- Ames v. MeehanWisconsin Supreme Court · 1885
- Henke v. GunzenhauserIllinois Supreme Court · 1902
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Clark v. PaddockIdaho Supreme Court · 1913
- Wyoming Inv. Co. v. Wax Et Ux.Wyoming Supreme Court · 1933
- Hatcher v. KinkaidSupreme Court of Oklahoma · 1915
- Jardine v. HawkesIdaho Supreme Court · 1927
- Colorado National Bank v. Meadow Creek Livestock Co.Idaho Supreme Court · 1922