Legal Opinion

Bashor v. Beloit

Idaho Supreme Court

Decided November 15, 1911PublishedCited by 14 opinions

ON REHEARING. APPEAL from tbe District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to revive a judgment. Judgment for plaintiff. Sec. 4051, Rev. Codes, includes foreign judgments, while sees. 4470, 4474, and 4611 apply exclusively to domestic judgments. Domestic judgments are divided into two classes by the statutes: Those for the recovery of money, and those not for the recovery of money.

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ON REHEARING. APPEAL from tbe District Court of the Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to revive a judgment. Judgment for plaintiff. Sec. 4051, Rev. Codes, includes foreign judgments, while sees. 4470, 4474, and 4611 apply exclusively to domestic judgments. Domestic judgments are divided into two classes by the statutes: Those for the recovery of money, and those not for the recovery of money. Sec. 4470 relates to judgments of both classes, but sec. 4474 makes special provision for judgments of the second class and provides for their'…

1Opinion of the CourtSullivan, J.

This action was brought upon a judgment which was at the time of filing the complaint more than five years and less than six years old. The defendant by demur*597rer plead the statute of limitations. His demurrer was overruled and upon his refusal to plead further, his default was entered and the cause was heard by the court and judgment entered against him. This appeal is from the order overruling the demurrer and from the judgment.

The appellant assigns three errors: First, that the court erred in overruling the demurrer to the complaint; second, the court erred in entering judgment upon an…

2Cases cited7 opinions

  1. Hobbs v. DuffCalifornia Supreme Court · 1863
  2. Ames v. HoyCalifornia Supreme Court · 1859
  3. Rowe v. BlakeCalifornia Supreme Court · 1893
  4. Baker v. HummerSupreme Court of Kansas · 1884
  5. Mawhinney v. DoaneSupreme Court of Kansas · 1889

2 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. Bissett v. Pioneer Irrigation DistrictIdaho Supreme Court · 1912
  2. Platts v. Pacific First Federal Savings & Loan Ass'nIdaho Supreme Court · 1941
  3. Tingwall v. King Hill Irrigation DistrictIdaho Supreme Court · 1945
  4. Mitchell v. FlandroIdaho Supreme Court · 1974
  5. State Ex Rel. Symms v. CollierIdaho Supreme Court · 1969

9 more not listed; retrieve them via the Exa API.

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