Walker v. McGinness
Idaho Supreme Court
APPEAL from District Court, Elmore County. Honorable George H. Stewart, Judge. From a modified judgment in favor of plaintiffs, defendant, appeals. The facts are stated in the opinion. If that which is found on page 8 of the transcript on second appeal and which is denominated “modified judgment and decree” constitutes a judgment in any sense as the same is defined in our statute (Code Civ.
Read the full summary
APPEAL from District Court, Elmore County. Honorable George H. Stewart, Judge. From a modified judgment in favor of plaintiffs, defendant, appeals. The facts are stated in the opinion. If that which is found on page 8 of the transcript on second appeal and which is denominated “modified judgment and decree” constitutes a judgment in any sense as the same is defined in our statute (Code Civ. Proc. 1901, see. 3465), such judgment is incomplete and does not conform to the definition of a judgment nor to the object or purpose of a judgment. A peru-. sal of this so-called.modified judgment and…
1Opinion of the CourtAilshie, J.
This case was before this court and the judgment of the lower court was reversed oh June 13, 1902, and! that opinion is found in 8 Idaho, 540, 69 Pac. 1003. The trial court was there instructed “to make findings of fact and conclusions of law in accordance with the views expressed in this opinion, and enter judgment as prayed for in the complaint.” Thereafter and on December 24, 1902, and in pursuance of the directions of this court, the district judge made and filed his “Corrected Findings of Fact and Conclusions of Law,” and thereupon entered what is designated a “Modified Judgment and…
2Cases cited2 opinions
- Walker v. McGinnessIdaho Supreme Court · 1902
- Bennett v. BennettCalifornia Supreme Court · 1872