Miller v. Pine Mining Co.
Idaho Supreme Court
APPEAL from District Court, Elmore Comity. Tbe statutes of Idaho, section 4810, provide for the staying of the execution of money judgments, upon the filing of an undertaking for that purpose in a prescribed form. And if in this action such an undertaking has been filed, the execution was wrongfully issued, and the motion to quash was well taken and should have been sustained.
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APPEAL from District Court, Elmore Comity. Tbe statutes of Idaho, section 4810, provide for the staying of the execution of money judgments, upon the filing of an undertaking for that purpose in a prescribed form. And if in this action such an undertaking has been filed, the execution was wrongfully issued, and the motion to quash was well taken and should have been sustained. On the twenty-fifth day of July, 1892, at request of plaintiff’s attorneys, the clerk of said district court issued execution against defendant’s property, and delivered the execution to the sheriff of said Elmore…
1Opinion of the CourtMorgan, J.
On the twenty-ninth day of April, 1892, a judgment was made and entered in the district court of Elmore *605•county, in favor of James Miller and against the Pine Mining Company, for the sum of $410 debt, and $384.45 costs. An appeal to the supreme court from said judgment was duly taken by the defendant, and a bond for the stay of execution was filed ■on the sixth day of June, 1892, with C. W. Moore and A. G-. Redway as sureties. The bond was in due form of law, and the sureties, in accordance with section 4934 of the Revised Statutes of Idaho of 1887, accompanied the bond with an affidavit that…
2Cited by3 opinions
- Sampson v. LaytonIdaho Supreme Court · 1963
- Lee v. WatsonMontana Supreme Court · 1895
- Wilson v. EaglesonIdaho Supreme Court · 1903