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STEARNS v. NORTON

No. 7642.

220 P.2d 1067 (1950)

STEARNS et al. v. NORTON et al.

Supreme Court of Idaho.

July 10, 1950.

Attorney(s) appearing for the Case

McNaughton & Sanderson, Coeur d'Alene, Bandelin & Bandelin, Sandpoint, for appellant.

E. L. Miller and Wm. S. Hawkins, Coeur d'Alene, Stephen Bistline and W. J. Nixon, Bonners Ferry, T. R. Johnson and John Carl Mundt, Sioux Falls, S. D., for respondents.

TAYLOR, Justice.

This action was brought by a foreign administrator to recover on a foreign judgment.1 On the first trial at the close of plaintiffs' case, a judgment of dismissal "without prejudice" was entered. This court held that judgment to be a nullity and remanded the cause "for further appropriate action." Stearns v. Strom, 68 Idaho 392, 195 P.2d 337. When the case again came before the district court, that court granted a motion...

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