9 P. 607 | Idaho | 1886
This action was brought for the foreclosure of a mortgage. The defendants answered, alleging that the prem
The order granting the motion for judgment on the pleadings was a final decision in the action, to which an exception is deemed to have been taken under section 403 of our Code of Civil Procedure. To make this exception available on appeal it should have been settled in a bill of exceptions under section 406 of the code, and made a part of the record. (Guthrie v. Phelan, 6 Pac. 107; Guthrie v. Fisher, 6 Pac. 111; Ainslie v. Idaho World Printing Co., 1 Idaho, 641; Graham v. Linehan, 1 Idaho, 780; Fox v. West, 1 Idaho, 782; Femme v. Hays, 55 Cal. 337.)
The ruling of the court upon the motion for judgment on the pleadings not being questioned in the record, we have only to look to the complaint to ascertain whether its allegations are sufficient to sustain the judgment. (Ray v. Ray, 1 Idaho, 705; People v. Hunt, 1 Idaho, 433.)
We think the complaint is sufficient, and the judgment is affirmed. (Hyde v. Harkness, 1 Idaho, 638.)