Durant v. Comegys
Idaho Supreme Court
APPEAL from District Court, Shoshone County. By leave of the court au amended complaint was filed in the above-entitled action on May 29, 1890, and thereafter, on the second day of June, 1890, the said complaint was demurred to upon the ground that it did not state facts sufficient to constitute a cause of action. Upon the hearing the demurrer was sustained.
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APPEAL from District Court, Shoshone County. By leave of the court au amended complaint was filed in the above-entitled action on May 29, 1890, and thereafter, on the second day of June, 1890, the said complaint was demurred to upon the ground that it did not state facts sufficient to constitute a cause of action. Upon the hearing the demurrer was sustained. Thereafter, on March 9th, the court entered the following order: “At this day the court granted the plaintiffs until March 12, 1891, to elect whether to amend or stand upon their complaint.” On March 11th the following entry appears in…
1Opinion of the CourtMorgan, J.
The first question to he considered is, Is this a judgment from which an appeal can be taken ? If there is no judgment no appeal can be taken, and this court has no jurisdiction. (Grey v. Cederholm, 2 Idaho, 34, 3 Pac. 12; Meysan v. Chabrie (Cal.), 7 Pac. 634; Stebbins v. Savage, 5 Mont. 253, 5 Pac. 278.) Section 4807 of the Revised Statutes of Idaho, is as follows: “An appeal may he taken to the supreme court from a district court; first, from a final judgment in an action or special proceeding commenced in the court in which the same is rendered within one year after the entry of judgment.”…
2Cases cited10 opinions
- Gray v. PalmerCalifornia Supreme Court · 1865
- McLaughlin v. DohertyCalifornia Supreme Court · 1880
- Kimple v. ConwayCalifornia Supreme Court · 1886
- Thomas v. AndersonCalifornia Supreme Court · 1880
- Grey v. CederholmIdaho Supreme Court · 1884
5 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Callanan v. VotrubaSupreme Court of Iowa · 1898
- Williams v. WilliamsMissouri Court of Appeals · 1972
- State v. HawkIdaho Supreme Court · 1975
- Boyd v. SteeleIdaho Supreme Court · 1899
- Miller v. Gooding Highway DistrictIdaho Supreme Court · 1934
7 more not listed; retrieve them via the Exa API.