Mills v. Smiley
Idaho Supreme Court
APPEAL from the District Court of Latah County. Honorable Edgar C. Steele, Judge. Judgment on motion overruling motion to set aside writ of assistance from which appellant appeals. The facts are stated in the opinion.
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APPEAL from the District Court of Latah County. Honorable Edgar C. Steele, Judge. Judgment on motion overruling motion to set aside writ of assistance from which appellant appeals. The facts are stated in the opinion. Counsel for respondent moves the court to dismiss the appeal on the ground that the appeal should have been taken from the order granting the writ of assistance, instead of moving to set the writ aside and then appealing from the order denying the motion, and cites Davis v. Donner, 82 Cal. 35, 22 Pac. 879, in support of his contention. This case would he exactly in point had…
1Opinion of the CourtStockslager, J.
In the year 1891, one Pauline E. Maupin was the owner in fee simple of W. \ of S. E. and N. E. £ of S. E. ¿, section 23, township 39 N., R. 5 west, B. M. On July 6, 1891, she gave to Thomas L. Krutz a mortgage on said land to secure a promissory note for the sum of $175, with ten interest coupon notes attached, the note by its terms becoming due July 6, 1896, and provided for interest at the rate of seven per cent per annum until maturity and twelve per cent until paid. The interest coupon notes were given for the interest on the $175 note and were by their terms due semiannually, and if not…
2Cases cited4 opinions
- Mayor of San Jose v. FultonCalifornia Supreme Court · 1873
- People v. GrantCalifornia Supreme Court · 1872
- California Southern Railroad v. Southern Pacific RailroadCalifornia Supreme Court · 1884
- Davis v. DonnerCalifornia Supreme Court · 1889
3Cited by15 opinions
- O'Neill v. PotvinIdaho Supreme Court · 1907
- Pittock v. BuckIdaho Supreme Court · 1908
- Roberts v. Enderlin Investment Co.North Dakota Supreme Court · 1911
- State Ex Rel. Crummer v. Fourth Judicial District Court of the State of NevadaNevada Supreme Court · 1951
- Hanson v. WenigerIdaho Supreme Court · 1918
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