Gordon v. Lemp

Citations

• 7 Idaho 677
• 65 P. 444
• 1901 Ida. LEXIS 35

Syllabus

<p>Motion to Dismiss — Cross-assignment op Errors. — When a respondent has properly saved exceptions and is in a position to present cross-assignments of error, such assignments must he presented within the time allowed for presenting amendment to a statement on motion for a new trial.</p> <p>Demurrer — Held, that the complaint stated a cause of action.</p> <p>Creditor’s Bill. — Proceedings Supplementary to Execution.— When proceedings supplementary to execution as provided in chapter 2, title 9, of the Revised Statutes, will not result in the application of the judgment debtor’s property or money in the payment of the judgment, a creditor’s bill will lie in favor of the judgment debtor. In such eases those proceedings are not adequate, and cannot accomplish the purpose of a creditor’s bill.</p> <p>Judgment. — It is not error to enter judgment in an action commenced by creditor’s bill for the full amount or value of the judgment debtor’s property found to be in the hands of the defendant.</p> <p>Special Verdict op Jury. — The court may make findings of fact of its own and adopt the special findings of the jury so far as they are not inconsistent with those of the court.</p> <p>Advisory Verdicts. — When a jury is called in an equity case and a special verdict rendered by it on instructions given by the court, such instructions are not reviewable on appeal as such verdict is only advisory, although such instructions should not be given.</p> <p>(Syllabus by the court.)</p>