Miller v. Wallace
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Carl A. Davis, Judge. Proceeding to set aside sheriff’s sale. Motion to dismiss appeal. It is true, as this court has often held, that from an appeal from the judgment or decree of the court below the appellant must serve notice of appeal upon all adverse parties to the judgment or decree.
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APPEAL from the District Court of the Third Judicial District, in and for Ada County. Hon. Carl A. Davis, Judge. Proceeding to set aside sheriff’s sale. Motion to dismiss appeal. It is true, as this court has often held, that from an appeal from the judgment or decree of the court below the appellant must serve notice of appeal upon all adverse parties to the judgment or decree. But upon reading the decisions of this court, it will be noted that in all the cases there was an appeal taken to reverse or modify the judgment of the court below, but in the case before the court, the action of the…
1Opinion of the CourtSulliyan, C. J.
This action was brought to foreclose a mortgagé on real estate given by the defendant Wallace to the plaintiff Miller. Subsequent to the giving of the mortgage and prior to the commencement of the action, certain parties acquired an interest in the premises and were rqade parties defendant. A decree of foreclosure was entered and a sale thereunder had.
*375After the giving of said mortgage, the premises had been subdivided and the sale was made in separate parcels. The property sold for enough, so that there remained no deficiency. One of the defendants, Roberts, after the sale, moved to set the…
2Cases cited1 opinion
- Diamond Bank v. Van MeterIdaho Supreme Court · 1910
3Cited by4 opinions
- Sonleitner v. McLarenIdaho Supreme Court · 1933
- State Bank v. WatsonIdaho Supreme Court · 1915
- Bogue Supply Co. v. DavisIdaho Supreme Court · 1922
- Richardson v. BanburyIdaho Supreme Court · 1924