Jenkins v. Commercial National Bank
Idaho Supreme Court
[APPEAL from tbe District Court of the Sixth Judicial District of the State of Idaho, in and for the County of Fremont. Hon. James M. Stevens, Judge. An action for damages for the wrongful foreclosure of a chattel mortgage. Judgment for plaintiff. The line of testimony and questioning admitted in this case has been so uniformly held reversible error that it has become fundamental in our law. (Axtell v. M. P. By. Co., 9 Ida. 392, 74 Pac. 1095; McEissick v. O. S. L. By.
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[APPEAL from tbe District Court of the Sixth Judicial District of the State of Idaho, in and for the County of Fremont. Hon. James M. Stevens, Judge. An action for damages for the wrongful foreclosure of a chattel mortgage. Judgment for plaintiff. The line of testimony and questioning admitted in this case has been so uniformly held reversible error that it has become fundamental in our law. (Axtell v. M. P. By. Co., 9 Ida. 392, 74 Pac. 1095; McEissick v. O. S. L. By. Co., 13 Ida. 195, 89 Pac. 629; Hwys v. Windsor, 130 Cal. 230, 62 Pac. 395; Atchison T. S. F. By. Co. v. Wilkinson, 55 Kan. 83,…
1Opinion of the CourtStewart, C. J.
This is an action brought to recover an alleged sum of money claimed to have been paid by the plaintiff to the defendant under protest upon proceedings to foreclose a chattel mortgage, and for damages alleged to have been sustained by the plaintiff for the alleged wrongful proceed*293ings in foreclosing said chattel mortgage. The case was tried to a jury and a verdict rendered in favor of the plaintiff for the sum of $239. The court also made findings of fact and conclusions of law, and rendered a judgment on the verdict and findings in favor of the plaintiff for the sum of $239.29, with interest…
2Cases cited7 opinions
- McKissick v. Oregon Short Line Railway Co.Idaho Supreme Court · 1907
- Boardman v. Marshalltown Grocery Co.Supreme Court of Iowa · 1898
- Hays v. WindsorCalifornia Supreme Court · 1900
- Axtell v. Northern Pacific Railway Co.Idaho Supreme Court · 1903
- Spencer v. MurphyColorado Court of Appeals · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State Ex Rel. MacRi v. City of BremertonWashington Supreme Court · 1941
- State Ex Rel. Stanley v. LujanNew Mexico Supreme Court · 1939
- Wyoming Bank & Trust Co. v. WaughWyoming Supreme Court · 1980
- Gifford v. GiffordIdaho Supreme Court · 1931
- National Motor Service Co. v. WaltersIdaho Supreme Court · 1963
10 more not listed; retrieve them via the Exa API.