Vermont Loan & Trust Co. v. McGregor
Idaho Supreme Court
APPEAL from District Court, Latah County. • Tbe nonservice of the amended complaint on defendants, Henry McGregor, J. B. West et al., through whom this appellant holds possession.
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APPEAL from District Court, Latah County. • Tbe nonservice of the amended complaint on defendants, Henry McGregor, J. B. West et al., through whom this appellant holds possession. Appellant’s husband, Henry McGregor, being the principal mortgagor, was a necessary party to the suit, and whenever the complaint was amended in matter of substance, a copy of such amended complaint should have been served upon him as required by statute, and without such service the judgment is absolutely void. (Code, secs. 4176, 4228.) The above sections of our code are the same as those of California, and in…
1Opinion of the CourtQ.haeles, J.
(After Stating the Facts.) — The correctness of the order of the district court in granting to the respondent a writ of assistance depends upon the validity of the judgment of foreclosure in this case. The amendment of the complaint was evidently made for the purpose of alleging the existence of facts which were not alleged in the original complaint, and which could not, under the original complaint, be proven. The amendment was one of substance, and it was necessary that the amended complaint should be served upon each of the defendants. In Thompson v. Johnson, 60 Cal. 292, the court said:…
2Cases cited6 opinions
- Reinhart v. LugoCalifornia Supreme Court · 1890
- Thompson v. JohnsonCalifornia Supreme Court · 1882
- Barber v. BriscoeMontana Supreme Court · 1888
- Leavenworth, Lawrence & Galveston Rld. v. Van RiperSupreme Court of Kansas · 1877
- Schuttler v. KingMontana Supreme Court · 1892
1 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Young v. VailNew Mexico Supreme Court · 1924
- Ennis v. CaseyIdaho Supreme Court · 1951
- Strode v. StrodeIdaho Supreme Court · 1898
- Curtis v. Bunnell & Eno Investment Co.Idaho Supreme Court · 1898
- Ocobock v. NixonIdaho Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.