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MESSENGER v. BURNS

No. 9232.

382 P.2d 913 (1963)

Harry Edward MESSENGER and Olive Messenger, husband and wife, Plaintiffs-Appellants, v. James B. BURNS, Defendant, Thomas O. Lanum, doing business under the firm name and style of Jerome Credit & Adjustment Bureau, Defendant In Intervention, Respondent.

Supreme Court of Idaho.

June 20, 1963.

Attorney(s) appearing for the Case

Rayborn, Rayborn, Rayborn & Webb, Twin Falls, for appellants.

Murphy, Schwartz & Cunningham, Twin Falls, for respondent.

Richards, Haga & Eberle, Boise, amicus curiae.

McFADDEN, Justice.

The central issue of this appeal is the interpretation of S.L.1955, Ch. 45, which amended I.C. § 10-1110 and repealed I.C. § 10-1109. The pertinent portion of I.C. § 10-1110 as amended, involved herein provides:

"A transcript or abstract of any judgment or decree of any court of this state or in a district court of the United States * * * certified by the clerk having custody thereof, shall be filed with the clerk and recorder...

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