Naylor v. Lewiston & Southeastern Electric Railway Co.
Idaho Supreme Court
APPEAL from tbe District Court of tbe Second Judicial District for tbe County of Nez Perce. Hon. Edgar C. Steele, Judge. Appeal by tbe plaintiff from an order made by tbe district judge fixing tbe amount of a supersedeas bond to be given by tbe defendant on an appeal from a judgment foreclosing a laborer’s lien.
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APPEAL from tbe District Court of tbe Second Judicial District for tbe County of Nez Perce. Hon. Edgar C. Steele, Judge. Appeal by tbe plaintiff from an order made by tbe district judge fixing tbe amount of a supersedeas bond to be given by tbe defendant on an appeal from a judgment foreclosing a laborer’s lien. The judgment and decree by virtue of which the appellants herein were proceeding to sell certain real estate belonging to the respondents was to all intents and purposes a money judgment, and execution on the same could be stayed only by filing a supersedeas bond in double the amount…
1Opinion of the CourtAilshie, C. J.
This is an action to foreclose a laborer’s lien on a railway grade and right of way for labor performed and material furnished in grading and other work on the defendant’s right of way. Judgment was entered in favor *724of the plaintiff for the principal sum of $3,124.70 and $250 as attorney’s fees and costs of the action. Defendants took an appeal from the judgment and an order denying a motion for a new trial and gave the usual appeal bond, and, desiring to have a stay of proceedings on the judgment, applied to the trial judge for an order fixing the amount of the super-sedeas or stay bond that…
2Cases cited6 opinions
- Christensen v. HollingsworthIdaho Supreme Court · 1898
- Idaho & Oregon Land Improvement Co. v. BradburySupreme Court of the United States · 1889
- Bradbury v. Idaho & Oregon Land Improvement Co.Idaho Supreme Court · 1886
- Kreling v. KrelingCalifornia Supreme Court · 1897
- Cent. Lumber & Mill Co. v. CenterCalifornia Supreme Court · 1895
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- American Surety Co. v. BaldwinSupreme Court of the United States · 1932
- Clark v. PaddockIdaho Supreme Court · 1913
- Hill v. Twin Falls Salmon River Land & Water Co.Idaho Supreme Court · 1912
- Brown v. HawkinsIdaho Supreme Court · 1945
- Great American Indemnity Co. v. BisbeeIdaho Supreme Court · 1938
1 more not listed; retrieve them via the Exa API.