Cantwell v. McPherson

Citations

• 3 Idaho 321
• 29 P. 102
• 1892 Ida. LEXIS 14

Syllabus

<p>Revival of Judgment — Failure of Title to Property Mortgaged.— 1. W., having made entry and final proof on certain lands under the desert land laws of the United States, mortgaged same. Default having been made in payments secured by mortgage, the same was foreclosed, and at the sale the assignee of the mortgage became the purchaser. Prior to said sale one R. had instituted proceedings in the proper land office to contest said desert entry of W., which contest eventuated in the cancellation of said entry of W. by the commissioner of the general land office. Held, that under section 4498 of the Revised Statutes of Idaho the plaintiff was entitled to file his petition to revive the judgment entered on the foreclosure of mortgage.</p> <p>■Costs — Failure to File Memorandum of Costs. — 2. When the party entitled to costs fails to file his memorandum thereof within the time prescribed by section 4912 of the Revised Statutes, he thereby waives his right to costs, and the clerk has no right thereafter to insert them in the record of judgment. In such a case the fact that the costs do not appear in the record of judgment does not constitute an irregularity.</p> <p>(Syllabus by the court.)</p>