State v. Eves

Citations

• 6 Idaho 144
• 53 P. 543
• 1898 Ida. LEXIS 44

Syllabus

<p>Usury — Recovery of Penalty — Duty of Court — Appeal.—When it is ascertained by the court that an action has been brought on a contract which provides for illegal interest under the provisions of section 1266 of the Revised Statutes, it is the duty of the court to render judgment as directed by said section, and if it fails to do so, the proper procedure on behalf of the state is to move within six months after the adjournment of the term at which such judgment was renderd for the modification of the erroneous judgment, and in case such motion is denied, an appeal lies to this court. '</p> <p>Same — State Party Aggrieved. — In this ease the state was a “party aggrieved,” and was entitled to an appeal under the provisions of section 4802 of the Revised Statutes.</p> <p>(Syllabus by the court.)</p>