Legal Opinion

Spaulding v. Coeur D'Alene Railway & Navigation Co.

Idaho Supreme Court

Decided November 21, 1899PublishedCited by 9 opinions

APPEAL from District Court, Kootenai County. It is claimed that this is only a proceeding supplementary to execution and a continuation of the action at law. The Idaho statutes (Rev. Stats., secs. 4504-4511), cover proceedings supplementary to execution.

Read the full summary

APPEAL from District Court, Kootenai County. It is claimed that this is only a proceeding supplementary to execution and a continuation of the action at law. The Idaho statutes (Rev. Stats., secs. 4504-4511), cover proceedings supplementary to execution. Under the statute the judgment creditor, after issuing execution and its being returned unsatisfied, may obtain an order of the judge to examine the judgment debtor (see. 4504); may by arresting the debtor obtain security against his absconding (sec. 4505); may reach indebtedness due the judgment debtor as by garnishment (sec. 4506); may…

1Opinion of the CourtQuarles, J.

— The record in this case is very voluminous, and covers 621 printed pages. The facts necessary to be noticed are, briefly, as follows: That in 1887 the respondent, Spaulding, commenced an action against the appellant the Coeur D’Alene Eailway and Navigation Company to recover upon a claim for construction work upon said appellant’s railroad in this state, which- action finally resulted in a judgment in favor of the respondent and against said appellant, rendered April 26, 1896, for the sum of $36,587, which judgment was afterward affirmed by this court on appeal (5 Idaho, 528, 51 *641Pac. 408).…

2Cases cited4 opinions

  1. Lewis v. ChamberlainCalifornia Supreme Court · 1895
  2. Spaulding v. Coeur D'Alene Railway & Navigation Co.Idaho Supreme Court · 1897
  3. McDowell v. BellCalifornia Supreme Court · 1890
  4. Lindenthal v. BurkeIdaho Supreme Court · 1889

3Cited by9 opinions

  1. Northern Pacific Railway Co. v. BoydSupreme Court of the United States · 1913
  2. Northern Pac. Ry. Co. v. BoydCourt of Appeals for the Ninth Circuit · 1910
  3. Smith v. WeedWashington Supreme Court · 1913
  4. Boyd v. Northern Pac. Ry. Co.U.S. Circuit Court for the District of Eastern Washington · 1909
  5. Boise Butcher Co. v. AnixdaleIdaho Supreme Court · 1914

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API