Knisell v. Brunet
Citations
- 60 Wash. 610
- 111 P. 894
- 1910 Wash. LEXIS 1110
Syllabus
<p>Appeal — Final Orders — Determining Action. An order staying the foreclosure of a mortgage, upon tender of the installment of interest due, is appealable as an order in effect determining the action and preventing final judgment therein, within Rem. & Bal. Code, § 1716, subd. 6.</p> <p>Mortgages — -Foreclosure—Stay—Statutes. Rem. & Bal. Code, § 1126, providing for a stay of the foreclosure of a mortgage upon which there shall be due any interest or installment of the principal and there are other installments not due, if tender of sums due and costs are paid, does not apply where, by reason of default or breach, the mortgagor has declared the whole principal sum due, in accordance with the provisions of the mortgage; since such provisions are valid and must be given force, and consequently no other installments are not due.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- defendant’s argument that the State failed to prove his habitual-offender status with competent evidence was reviewable as plain error
- “A sentence is not illegal unless it exceeds the maximum statutory penalty for the crime.”
- defendant’s argument that the State failed to prove his habitual-offender status with competent evidence was reviewable as plain error
- “the State is not entitled to a second chance to prove a defendant’s habitual-offender status on remand, because that would violate the prohibition against double jeopardy under the Mississippi Constitution”
- “the State rs not entitled to a second chance to prove a defendant’s habitual-offender status on remand, because that would violate the prohibition against double jeopardy under the Mississippi Constitution”
- “An accused has a fundamental right to be free of an illegal sentence.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Rudkin
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.