Adams v. McPherson
Idaho Supreme Court
APPEAL from District Court, Lemhi County. There is an express acknowledgment of the debt. There is more than a bare acknowledgment. No express promise or certain form of acknowledgment is necessary; any recognition of the debt as a subsisting one by the debtor is sufficient, whether in words or acts.
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APPEAL from District Court, Lemhi County. There is an express acknowledgment of the debt. There is more than a bare acknowledgment. No express promise or certain form of acknowledgment is necessary; any recognition of the debt as a subsisting one by the debtor is sufficient, whether in words or acts. (2 G-reenleaf on Evidence, sees. 441-444; 3 Parsons on Contracts, 7th ed., 69; Angelí on Limitations, sec. 208; Farrell v. Palmer, 36 Cal. 187; Henry v. Root, 33 N. Y. 529, and cases there cited.) Part payment is, and always has been, regarded as an unequivocal acknowledgment of the debt upon…
1Opinion of the CourtSullivan, J.
This is an attempted appeal from the judgment. The respondent moves to dismiss the appeal on the ground that the record fails to show that the notice of appeal has been served. Section 4808 of the Eevised Statutes of Idaho, provides as follows: “An appeal is taken by filing with the clerk of the court in which the judgment or order appealed from is entered, a notice stating the appeal from the same, or some specific part thereof, and serving a similar notice on the adverse party or his attorney.” This section is mandatory, and requires appellant to file with the proper clerk, and to serve on…
2Cases cited5 opinions
- Franklin v. ReinerCalifornia Supreme Court · 1857
- Tootle v. FrenchIdaho Supreme Court · 1891
- Beets v. ChartCalifornia Supreme Court · 1889
- Brown v. GreenCalifornia Supreme Court · 1884
- Ellis v. BennetCalifornia Supreme Court · 1884
3Cited by12 opinions
- Diamond Bank v. Van MeterIdaho Supreme Court · 1910
- Commercial National Bank of Ogden v. United States Savings, Loan & Building Co.Utah Supreme Court · 1896
- Doust v. Rocky Mountain Bell Telephone Co.Idaho Supreme Court · 1908
- Chapman v. BoehmIdaho Supreme Court · 1915
- Cook v. MillerIdaho Supreme Court · 1917
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