Bissing v. Bissing
Bissing v. Bissing
Opinion of the Court
This action was brought for divorce. There was no appearance for the defendant, and at the conclusion of the evidence the court took the same under advisement and subsequently entered the following order on the minutes: ‘ ‘ Comes now the court and announces its decision in this cause and orders that the relief prayed for in plaintiff’s complaint be, and hereby is, denied. Alfred Budge, Judge. ’ ’ There is nothing in the transcript to show that any other judgment was entered. This entry on the minutes constituted a mere order for judgment and not a judgment, within the meaning of see. 4807, Rev. Codes, and no appeal lies therefrom under the uniform rule of this court. (Durant v. Comegys, 3 Ida. 67, 35 Am. St. 259, 26 Pac. 755; Ah Kle v. McLean, 3 Ida. 70, 26 Pac. 937; Hodgins, Admr., v. Harris, 4 Ida. 517, 43 Pac. 72.)
Furthermore, this order for judgment is no part of the judgment-roll under sec. 4456, Rev. Codes, and can be brought here only by incorporation in a bill of exceptions, which has not been done. (Williams v. Boise Basin Min. & Dev. Co., 11 Ida. 233, 81 Pac. 646; In re Paige, 12 Ida. 410, 86 Pac. 273; Perkins v. Loux, 14 Ida. 607, 614, 95 Pac. 694, 696.)
We desire also to call attention to the fact that this being a default ease, the judgment-roll must contain “the summons
Reference
- Full Case Name
- PETROWITSCH BISSING v. CATHARINE BISSING
- Cited By
- 7 cases
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- Published
- Syllabus
- •Appeal — Orders Appealable — Order por Judgment — Judgment-roll— Contents. (Syllabus by the court.) 1. A minute order denying tbe relief pTayed for in tbe complaint is not a judgment from wbieb an appeal can be taken under see. 4807, Rev. Codes. 2. An order entered on tbe minutes denying tbe relief prayed for is no part of tbe judgment-roll and can be brought before tbe supreme court only by incorporation in a bill of exceptions. 3. In a default case the judgment-roll under the express provisions of sec. 4456, Kev. Codes, subd. 1, should contain the summons with the affidavit of proof of service, and the complaint with a memorandum indorsed thereon that the default of the defendant in not answering was entered, and a copy of the judgment.