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MARTIN v. SODEN

No. 8644.

340 P.2d 848 (1959)

C. Ben MARTIN, Plaintiff-Respondent, v. Alice A. SODEN, Defendant-Appellant, Jackson E. Soden and Carl H. Swanstrom, Defendants.

Supreme Court of Idaho.

June 19, 1959.

Attorney(s) appearing for the Case

Edith Miller, Langroise & Sullivan, Boise, for appellant.

J. F. Martin, Charles E. Winstead, Boise, for respondent.

BURTON, District Judge.

This is an appeal from an order denying a new trial in a case instituted by plaintiff-respondent, assignee of a lien, for the purpose of foreclosing his lien. A decision of the issues tendered by the appeal, however, requires not only a review of proceedings in connection with the application for a new trial, but of proceedings in a case instituted in the year 1949 by Jackson E. Soden as plaintiff against Alice A. Soden, defendant, praying...

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