Marnella v. Froman
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. E'd. L. Bryan, Judge. Agister’s action for damages against sheriff foreclosing chattel mortgage. Judgment for plaintiff.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. E'd. L. Bryan, Judge. Agister’s action for damages against sheriff foreclosing chattel mortgage. Judgment for plaintiff. The evidence all shows that the defendant in receiving the affidavit of foreclosure of chattel mortgage of the bank and Ms subsequent proceedings in seizing the property and selling the same was in all respects acting lawfully and in accordance with the law, and was justified in seizing and selling said property under said affidavit and demand of the bank. (Secs. 472, 474; Jones on…
1Opinion of the CourtMccarthy, J.
In this ease the appeal from the order denying the new trial was dismissed and the case stands on the appeal from the judgment. The specifications of error are that the court erred in giving certain instructions *23and refusing certain offered instructions and that the judgment is. contrary to law and the evidence.
Respondent contends that the alleged errors in giving and refusing instructions cannot be reviewed, for the reason that the instructions are not contained in the reporter’s transcript or in a bill of exceptions. (Minneapolis Threshing M. Co. v. Peterson, 31 Ida. 745, 176 Pac. 99; King…
2Cases cited13 opinions
- Howes v. NewcombMassachusetts Supreme Judicial Court · 1888
- Storms v. SmithMassachusetts Supreme Judicial Court · 1884
- Hanch v. RipleyIndiana Supreme Court · 1890
- King v. SeebeckIdaho Supreme Court · 1911
- Steinour v. Oakley State BankIdaho Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Sweaney & Smith Co. v. St. Paul Fire & Marine InsuranceIdaho Supreme Court · 1922
- Gould v. HillIdaho Supreme Court · 1926
- Mauldin v. Sunshine Mining Co.Idaho Supreme Court · 1939
- Hill v. PorterIdaho Supreme Court · 1924
- Morton Realty Co. v. Big Bend Irrigation & M. Co.Idaho Supreme Court · 1923
8 more not listed; retrieve them via the Exa API.