Berding v. Varian
Idaho Supreme Court
Original proceeding for Writ of Mandate. Defendants demur. Demurrer sustained; alternative writ quashed and peremptory writ denied. The object of the stay bond is to prevent the enforcement of a decree or judgment pending the appeal, and if the stay bond is not given, the enforcement of such decree is not stayed. (California Mortgage & Savings Bank v. Graves, 129 Cal. 649, 62 Pae. 259; Montgomery v. Tutt, 11 Cal. 190, 191; Union Mutual Life Ins.
Read the full summary
Original proceeding for Writ of Mandate. Defendants demur. Demurrer sustained; alternative writ quashed and peremptory writ denied. The object of the stay bond is to prevent the enforcement of a decree or judgment pending the appeal, and if the stay bond is not given, the enforcement of such decree is not stayed. (California Mortgage & Savings Bank v. Graves, 129 Cal. 649, 62 Pae. 259; Montgomery v. Tutt, 11 Cal. 190, 191; Union Mutual Life Ins. Go. v. Windett, 36 Fed. 838; State v. Thiele, 19 Neb. 220, 27 N. W. 109; Collins v. Brown, 64 Neb. 173, 89 N. W. 754; Evans v. Kahr, 60 Kan. 719, 57…
1Opinion of the CourtDunn, J.
Respondent has moved to dismiss the appeal of Northwestern Securities Company on the ground that said company has not at any time complied with C. S., see. 4706, and has defaulted in all the payments required to be made under the contract between the said company and the respondent and that said company’s rights under its contract are nugatory.
She has also moved to dismiss the appeal of J. W. Slick and W. B. Slick on the grounds: First, that said appeal is taken from a judgment made and filed on November 19,1920, and not from a judgment made and entered on said date; second, that the appeal…
2Cases cited7 opinions
- Baldwin v. McDonaldWyoming Supreme Court · 1916
- Lamberton v. McCarthyIdaho Supreme Court · 1917
- Pfirman v. Success Mining Co., LtdIdaho Supreme Court · 1917
- Walsh v. CoghlanIdaho Supreme Court · 1920
- Escritt v. MichaelsonNebraska Supreme Court · 1905
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Eagle Rock Corp. v. Idamont Hotel Co.Idaho Supreme Court · 1939
- Smethers v. WilsonIdaho Court of Appeals · 1984
- West States Mortgage Loan Co. v. HurstIdaho Supreme Court · 1925
- Coeur D'Alene Turf Club, Inc. v. CogswellIdaho Supreme Court · 1969
- Coeur D'Alene Turf Club, Inc. v. CogswellIdaho Supreme Court · 1969