Ocobock v. Nixon

Citations

• 6 Idaho 552
• 57 P. 309
• 1899 Ida. LEXIS 29

Syllabus

<p>Usury — Judgment Upon Stipulation. — Plaintiff brought action upon a usurious contract; .judgment was entered upon stipulation of parties in favor of plaintiff, as prayed in complaint, from which defendant appealed; held, that the judgment so entered, being in contravention of the usury laws of the state, the same was erroneous. The general rule, that where judgment is entered upon the agreement and consent of parties appeal will not lie, does not apply to a case where such agreement and judgment is in contravention of the positive provisions of a statute.</p> <p>(Syllabus by the court.)</p>