Simpson v. Remington
Idaho Supreme Court
APPEAL from District Court, Bannock County. Section 4470 of tbe Bevised Statutes, provides that a party may have ‘an execution issued upon a judgment at any time within five years after tbe entry thereof.
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APPEAL from District Court, Bannock County. Section 4470 of tbe Bevised Statutes, provides that a party may have ‘an execution issued upon a judgment at any time within five years after tbe entry thereof. We believe it is fatal to tbe complaint when it fails to allege either that an execution was issued and returned or that tbe defendant, Tanaker, was insolvent, and that these facts were made known to the court by affidavit or complaint before it made the order of February 5, 1895, allowing this suit. (See Yordcrmark v. 'Wilhinson 147 Ind. 56, 46 N. E. 336, and cases cited.) Chapter 2, title…
1Opinion of the CourtSullivan, J.
— This is an action supplemental to execution, and brought, by order of the court, under the provisions of section 4510 of the Revised Statutes; at least, the allegations of the complaint would indicate that it was brought under the provisions of said section. The defendant,' who is the appellant here, filed a general demurrer to the complaint, which was overruled. The appellant then answered, and • attempted to deny, on information and belief, that the execution mentioned in the second paragraph of the complaint had been returned unsatisfied, and denied the other allegations of the…
2Cited by9 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Coulson v. Aberdeen-Springfield Canal Co.Idaho Supreme Court · 1924
- Keane v. Pittsburg Lead Mining Co.Idaho Supreme Court · 1909
- State v. RathboneIdaho Supreme Court · 1901
- Dittemore v. Cable Milling Co.Idaho Supreme Court · 1909
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