Storey v. United States Fidelity & Guaranty Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action on injunction bond. Judgment for plaintiff. Sec. 3998, Rev. Codes, does not apply to executed contracts, nor does it apply where the opposing party has surrendered some valuable right.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action on injunction bond. Judgment for plaintiff. Sec. 3998, Rev. Codes, does not apply to executed contracts, nor does it apply where the opposing party has surrendered some valuable right. (Smith v. Whittier, 95 Cal. 279, 30 Pae. 529; Blackwood v. Cutting Packing Co., 71 Cal. 461, 12 Pac. 493; Hawes v. Clark, 84 Cal. 272, 24 Pac. 116; Reclamation District v. Hamilton, 112 Cal. 603, 44 Pae. 1074; Dcmeri v. Gaznóla, 2. Cal. App. 351, 83 Pac. 455.) “Although the attorney may not have had…
1Opinion of the CourtRice, J.
On May 22,1911, Charles Storey, the respondent herein, obtained a judgment in the district court against Elias Marsters in the sum of $2,871.67. To enforce his judgment, he caused a writ of execution to issue and to be placed in the hands of the sheriff, who levied upon certain real property and advertised it for sale. Thereupon, Addie Marsters, wife of the judgment debtor, caused a writ of injunction to issue out of the district court, restraining Storey and the sheriff from selling the property levied upon, she claiming that it was her separate property, and not liable to execution for her…
2Cases cited8 opinions
- United States v. BeebeSupreme Court of the United States · 1901
- Marbourg v. SmithSupreme Court of Kansas · 1873
- Moulton v. BowkerMassachusetts Supreme Judicial Court · 1874
- Gibson v. NelsonSupreme Court of Minnesota · 1910
- Pomeroy v. PrescottSupreme Judicial Court of Maine · 1910
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3Cited by9 opinions
- Howell v. ReimannIdaho Supreme Court · 1955
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- Evans v. Power CountyIdaho Supreme Court · 1931
- Caballero v. WikseIdaho Supreme Court · 2004
- State, Department of Health & Welfare v. HoltIdaho Supreme Court · 1981
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