Ah Kle v. McLean
Idaho Supreme Court
APPEAL from District Court, Idaho County. The dismissal of an action is a final judgment. (12 Am. & Eng. Eney. of Law, .65, note, and authorities there cited; Bowling v. Polach, 18 Cal. 628; Leese v. Sherwood, 21 Cal. 163; Black on Judgments, see. 27.) A dismissal of the plaintiff’s suit upon the merits is as conclusive upon the rights of the parties as any other judgment that might have been rendered in the ease.
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APPEAL from District Court, Idaho County. The dismissal of an action is a final judgment. (12 Am. & Eng. Eney. of Law, .65, note, and authorities there cited; Bowling v. Polach, 18 Cal. 628; Leese v. Sherwood, 21 Cal. 163; Black on Judgments, see. 27.) A dismissal of the plaintiff’s suit upon the merits is as conclusive upon the rights of the parties as any other judgment that might have been rendered in the ease. (Parrish v. Ferris, 2 Black, 606; Durant v. Essex Co., 7 Wall. 107; Case v. Beauregard, 101 U. S. 688.) An order sustaining a demurrer and dismissing an action is not an appealable…
1Opinion of the CourtMorgan, J.
The transcript in this case fails to show that any judgment was ever entered, but merely an order for a judgment. Therefore the opinion in the case of Durant v. Comegys, ante, p. 67, 35 Am. St. Rep. 267, 26 Pac. 755 (decided at this term), applies to, and will govern, this case. Appeal dismissed without prejudice to another appeal; costs of appeal awarded to respondents.
Sullivan, C. J., and Huston, J., concur.
2Cases cited1 opinion
- Durant v. ComegysIdaho Supreme Court · 1891
3Cited by8 opinions
- CarlLee v. StateSupreme Court of Arkansas · 1912
- Morgan v. National Bank of Commerce of ShawneeSupreme Court of Oklahoma · 1923
- Boyd v. SteeleIdaho Supreme Court · 1899
- York v. StateSupreme Court of Arkansas · 1909
- Bissing v. BissingIdaho Supreme Court · 1911
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