Murphy v. Russell & Co.

Citations

• 8 Idaho 151
• 67 P. 427
• 1901 Ida. LEXIS 64

Syllabus

<p>Change op Venue. — Where a cross-complaint seeks to have a mortgage on real estate foreclosed, in an action brought to contest the foreclosure of a chattel mortgage, and moves for a change of venue on the sole ground that the real estate described in the mortgage is situated in another county, it is not error for court to deny the motion.</p> <p>Multiplicity op Suits. — Sections 4183-4185 of the Revised Statutes are intended to prevent a multiplicity of suits, and require a cause of action arising out of the transaction set forth in the complaint as a basis of plaintiff’s claim, or connected therewith, to he set forth in the answer as a counterclaim, or in a cross-complaint, if the defendant desires to avail himself of such counterclaim or cause of action.</p> <p>(Syllabus by the court.)</p>