Steinour v. Oakley State Bank
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action to quiet title. Judgment for defendant. Both of the rulings under consideration are “interlocutory orders” within the meaning of section 4427 as amended.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. Wm. A. Babcock, Judge. Action to quiet title. Judgment for defendant. Both of the rulings under consideration are “interlocutory orders” within the meaning of section 4427 as amended. “A judgment, order or decree which is intermediate, or incomplete and, while it settles some of the rights of the parties, leaves something remaining to be done in the adjudication of their substantial rights in the case by the court entertaining jurisdiction of the same is interlocutory.” (Evans State Banh v. Sheen, 30…
1Opinion of the CourtRice, J.
In this case the defendant below, respondent here, interposed a motion to strike portions of the amended complaint of appellants, and also a general and special demurrer thereto. The court considered the motion and the demurrers at the same time, and filed an order to the effect that “the demurrer and the motion to strike filed by the defendant to the amended complaint of the plaintiffs be, and the same are, hereby sustained.....” It would be an act of supererogation on the part of the court to strike portions of a complaint to which a general demurrer had been sustained. We must conclude…
2Cases cited2 opinions
- Village of Sand Point v. DoyleIdaho Supreme Court · 1905
- Bonham National Bank of Fairbury v. Grimes Pass Placer Mining Co.Idaho Supreme Court · 1910
3Cited by18 opinions
- State Ex Rel. Anderson v. RaynerIdaho Supreme Court · 1939
- Bicandi v. Boise Payette Lumber Co.Idaho Supreme Court · 1935
- Jones v. JonesIdaho Supreme Court · 1967
- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- State v. GrosecloseIdaho Supreme Court · 1946
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