White v. Stiner
| Citation | 36 Idaho 129,209 P. 598 |
| Parties | I. H. WHITE, Appellant, v. W. E. STINER and WILLIAM YOUMANS, Respondents |
| Decision Date | 28 September 1922 |
| Court | United States State Supreme Court of Idaho |
APPEAL-NONAPPEALABLE ORDER-DISMISSAL.
An attempted appeal from an order of the trial court striking an amended complaint, no judgment being entered, confers no jurisdiction on this court, and should be dismissed on the court's own motion.
APPEAL from the District Court of the Fifth Judicial District, for Power County. Hon. Robert M. Terrell, Judge.
Action to recover deficiency after sheriff's sale of mortgaged chattel. Appeal from order striking second amended complaint from the files. Dismissed.
Appeal dismissed. Costs awarded to respondents.
Beakley & Stevens, for Appellant.
It was error for the court to strike the second amended complaint from the files. (Tappin v. McCabe, 27 Idaho 402, 149 P. 460; Hudson v. Carlson, 31 Idaho 196, 170 P. 100.)
W. C. Loofbourrow, for Respondent William Youmans, files no brief.
This is an appeal from an order of the trial court sustaining respondent's motion to strike appellant's second amended complaint from the files. No judgment was entered.
Such an order is not appealable. (C. S., sec. 7152.) The order not being appealable, this court has no jurisdiction and the appeal should be dismissed on the court's own motion. (Holter v. Hauser, 33 Idaho 406, 195 P. 628; Davis v. Bach, 33 Idaho 551, 196 P. 673; Continental etc. Bank v. Werner, 33 Idaho 764, 198 P. 471.) It is so ordered. Costs are awarded to respondents.
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H & V Engineering, Inc. v. Idaho State Bd. of Professional Engineers and Land Surveyors, 16442
...... White v. Stiner, 36 Idaho 129, 209 P. 598 (1922); Lloyd v. Zollman, 285 Or. 161, 590 P.2d 222 (1979); Hayes v. State, 599 P.2d 569 (Wyo.1979). Further, ......
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Young v. Washington Water Power Co.
...... filed after the granting of an oral motion for nonsuit and. prior to the rendering of a judgment is premature and should. be stricken. (White v. Stiner, 36 Idaho 129, 209 P. 598.). . . John P. Gray, W. C. McEachern and Frank T. Post, for Respondent. . . The. ......
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Blaine County Investment Company v. Mays
......827; Hodgins v. Harris, 4 Idaho 517, 43 P. 72; Santti v. Hartman, 29 Idaho 490, 161 P. 249;. Witty v. Wells, 39 Idaho 20, 225 P. 1020; White. v. Stiner, 36 Idaho 129, 209 P. 598.) The appeal from. the order should be dismissed and it is so ordered. . . [52. Idaho 385] ......
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Capital Water Co. v. Public Utilities Commission of State
...... and is premature in the light of all the adjudicated cases. (Marshall v. Enns, 39 Idaho 744, 230 P. 46;. White v. Stiner, 36 Idaho 129, [41 Idaho 30] 209 P. 598; Evans State Bank v. Skeen, 30 Idaho 703, 167 P. 1165; Weiser Irr. Dist. v. Middle V. I. D. Co., ......