Donovan v. Miller
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Action to restrain the enforcement of a judgment at law. Judgment on demurrer for the defendants.
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APPEAL from the District Court of the First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Action to restrain the enforcement of a judgment at law. Judgment on demurrer for the defendants. It must be conceded, under the allegations of the complaint, taken as confessed by the demurrer, that the judgment which respondent Miller obtained against appellants, the enforcement and collection of which is sought to be permanently enjoined and to be vacated and set aside, was obtained by fraud on the part of respondent Miller. A judgment is subject to attack by original bill for…
1Opinion of the CourtSullivan, J.
This suit in equity was brought to restrain and enjoin the collection of a certain judgment in the ease of Miller v. Donovan et al., 11 Idaho, 545, 83 Pac. 608. Reference is here made to the facts of that case as stated in the opinion, and we shall not repeat them here. It is sufficient to say that this suit was brought to restrain and enjoin the collection of the judgment entered in that case, and is based on the following grounds alleged in the complaint, to wit: 1. That there was a total want of consideration for the contract for the purchase of the sawlogs mentioned in the complaint in…
2Cases cited9 opinions
- United States v. ThrockmortonSupreme Court of the United States · 1878
- Pico v. CohnCalifornia Supreme Court · 1891
- Owens v. RansteadIllinois Supreme Court · 1859
- Miller v. DonovanIdaho Supreme Court · 1905
- Zellerbach v. AllenbergCalifornia Supreme Court · 1885
4 more not listed; retrieve them via the Exa API.
3Cited by43 opinions
- Robinson v. RobinsonIdaho Supreme Court · 1949
- Independence Lead Mines Co. v. KingsburyCourt of Appeals for the Ninth Circuit · 1949
- Esser Electric v. Lost River Ballistics Technologies, Inc.Idaho Supreme Court · 2008
- Hoppin v. LongMontana Supreme Court · 1925
- Connolly v. Probate CourtIdaho Supreme Court · 1913
38 more not listed; retrieve them via the Exa API.