Presley v. Dean
Idaho Supreme Court
APPEAL from the District Court of Shoshone County. Honorable Ealph T. Morgan, Judge. Action to restrain the defendant from selling certain property under execution. Judgment for defendant. cite no authorities not cited by the court in the opinion on the points decided. cites no authorities on the points decided not cited by the court in the opinion.
1Opinion of the Court
SULLIVAN, C. J. —
This action was brought to restrain the sheriff of Shoshone county from proceeding to sell certain prop*376erty levied upon, under an execution to satisfy judgment rendered in a justice’s court against the appellant. The facts of the case are substantially as follows:
On the thirty-first day of October, 1900, the respondent commenced an action in said justice’s court to recover a debt claimed to be due from the appellant. A summons was issued and made returnable on the fifth day of November, 1900. On that day both parties to the suit appeared in person and by attorney, and the…
2Cases cited3 opinions
- Wilkerson v. WaltersIdaho Supreme Court · 1874
- State ex rel. Gleim v. EvansMontana Supreme Court · 1893
- Taney v. VollenweiderMontana Supreme Court · 1903
3Cited by2 opinions
- Koseris v. JR Simplot CompanyIdaho Supreme Court · 1960
- Lind v. MoyesIdaho Supreme Court · 1933