Spaulding v. Coeur D'Alene Railway & Navigation Co.
Idaho Supreme Court
APPEAL from District Court, Kootenai County. It is claimed that this is only a proceeding supplementary to execution and a continuation of the action at law. The Idaho statutes (Rev. Stats., secs. 4504-4511), cover proceedings supplementary to execution.
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APPEAL from District Court, Kootenai County. It is claimed that this is only a proceeding supplementary to execution and a continuation of the action at law. The Idaho statutes (Rev. Stats., secs. 4504-4511), cover proceedings supplementary to execution. Under the statute the judgment creditor, after issuing execution and its being returned unsatisfied, may obtain an order of the judge to examine the judgment debtor (see. 4504); may by arresting the debtor obtain security against his absconding (sec. 4505); may reach indebtedness due the judgment debtor as by garnishment (sec. 4506); may…
1Opinion
ON REHEARING.
SULLIVAN, J.
— This is a petition for rehearing. Counsel for respondent urges that the conclusion reached by the court *644was upon the theory that respondent’s supplementary proceedings were based upon the provisions of sections 4506-4510, under chapter 2 of the Eevised Statutes of 1887, entitled “Proceedings Supplementary to Execution,” and contends that that conclusion is error; and it is contended that the ■ proceedings referred to were brought under section 4339, chapter 5, of said Eevised Statutes, entitled “Supplementary Proceedings.” 'Counsel admits that, as said sections 4339…
2Cases cited2 opinions
- Cœur D'Alene Ry. & Nav. Co. v. SpaldingCourt of Appeals for the Ninth Circuit · 1899
- Bates v. International Co. of MexicoU.S. Circuit Court for the District of Southern California · 1898