Dewey v. Schreiber Implement Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action to foreclose laborers’ liens. Judgment for the plaintiffs. The provision in Session Laws of Idaho of 1903, page 94, extending to probate courts jurisdiction to foreclose real and personal mortgages, and also all liens up to an amount of $500, confers, on the said court, general equity jurisdiction, and is unconstitutional.
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APPEAL from tbe District Court of tbe Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Action to foreclose laborers’ liens. Judgment for the plaintiffs. The provision in Session Laws of Idaho of 1903, page 94, extending to probate courts jurisdiction to foreclose real and personal mortgages, and also all liens up to an amount of $500, confers, on the said court, general equity jurisdiction, and is unconstitutional. (Idaho Const., art. 5. secs. 20, 21; Idaho Rev. Stats. 1887, sec. 3841, subd. 9; People v. Durrell, 1 Idaho, 44; Moore v. Koubly, 1 Idaho, 55; Ferns v.…
1Opinion of the CourtSullivan, J.
This action was brought in the probate court of Latah county, to foreclose two laborers’ liens against the appellant Jones, who was the employer, upon the same crop of grain. The other appellants were interpleaded as defendants. The complaint contained the usual allegations of a complaint in this kind of an action. The appellant Jones appeared and demurred, and his demurrer being overruled, made no further appearance in the ease. The respondents, Miller and Mannering, did not appear, and the appellant, the Schreiber Implement Company, answered and put in issue the material allegations of the…
2Cases cited3 opinions
- Perris v. HigleySupreme Court of the United States · 1874
- Moore v. KoublyIdaho Supreme Court · 1866
- Arnett v. BergColorado Court of Appeals · 1903
3Cited by14 opinions
- Chase v. ReidIdaho Supreme Court · 1960
- In Re Chase's EstateIdaho Supreme Court · 1960
- Neil v. Public Utilities CommissionIdaho Supreme Court · 1919
- Whitney v. RandallIdaho Supreme Court · 1937
- State ex rel. Peterson v. DunlapIdaho Supreme Court · 1916
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