Reports of Cases Argued and Determined in the Supreme Court of the State of Idaho, Том 27West Publishing Company, 1915 Vols. 1-2 contain cases before the Supreme Court of the Territory of Idaho. |
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Страница 1
... entered on such evidence against both defendants jointly , the judgment will be set aside and a new trial granted . 2. Held , under the evidence that the water was drawn out of Lake Ethel reservoir under the direction of the general ...
... entered on such evidence against both defendants jointly , the judgment will be set aside and a new trial granted . 2. Held , under the evidence that the water was drawn out of Lake Ethel reservoir under the direction of the general ...
Страница 75
... entered has been filed and argued by a defendant , but is not de- cided , and such defendant files and argues a second motion to set aside said default , on the grounds of surprise , inadvertence and excusable neglect , and said second ...
... entered has been filed and argued by a defendant , but is not de- cided , and such defendant files and argues a second motion to set aside said default , on the grounds of surprise , inadvertence and excusable neglect , and said second ...
Страница 76
... entered by the clerk of the district court against Brady , and he filed a motion to set aside said default on the ground that it had been prematurely entered . Shortly before the hearing on said motion a default judgment was entered ...
... entered by the clerk of the district court against Brady , and he filed a motion to set aside said default on the ground that it had been prematurely entered . Shortly before the hearing on said motion a default judgment was entered ...
Страница 77
... entered an order sustaining the first motion to set aside the default , without knowledge that the second motion had been filed . The respondent thereupon made a motion to strike Brady's second motion to set aside the default ...
... entered an order sustaining the first motion to set aside the default , without knowledge that the second motion had been filed . The respondent thereupon made a motion to strike Brady's second motion to set aside the default ...
Страница 78
... entered such default it was based upon a certifi- cate of service of summons signed by a deputy sheriff and accom- panied by an unsigned and unsealed paper purporting to be a copy of such summons , but which had not been substituted as ...
... entered such default it was based upon a certifi- cate of service of summons signed by a deputy sheriff and accom- panied by an unsigned and unsealed paper purporting to be a copy of such summons , but which had not been substituted as ...
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Ada county affidavit alleged amended amount appellant appellant's application appointment appropriation attorney authority bank Bingham county Boise City Budge charged claim Codes Company complaint concur constitution construction contended contract corporation counsel Court-Budge Court-Morgan Court-Sullivan damages deed default defendant demurrer denied district court ditch duty eminent domain error evidence facts filed fund granted held horticultural Idaho injury intended intoxicating liquors irrigation irrigation district Judge judgment Judicial District jurisdiction jury Kootenai county land Latah county legislature lien Lumber Mason creek ment motion Nampa Nez Perce county notice Opinion owner party payment permit person plaintiff Points Decided prior proceedings prohibition prosecuting provisions of sec purchase purpose question quiet title reason record reservoir respondent rule Sess Shoshone county statute sufficient Sullivan supra sustained testified testimony thereof tion trial court water right witness writ
Популарни одломци
Страница 398 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Страница 676 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Страница 678 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Страница 754 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Страница 742 - ... and the fact appears by affidavit, to the satisfaction of the court, or a judge thereof, and it also appears, by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made...
Страница 347 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Страница 678 - This does not confer power upon the whole people to control rights which are purely and exclusively private, but it does authorize the establishment of laws requiring each citizen to so conduct himself, and so use his own property, as not unnecessarily to injure another.
Страница 730 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Страница 655 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice...
Страница 428 - Now, therefore, in consideration of the premises and the sum of one dollar and other...