Legal Opinion

Exchange State Bank v. Taber

Idaho Supreme Court

Decided January 28, 1915PublishedCited by 18 opinions

APPEAL from the District Court of the Fourth Judicial District for the County of Twin Falls. Hon. C. O. Stockslager, Judge. Action to recover on certain promissory notes. Judgment for defendant. In nearly all the states the order of trial is by statute made subject to conditions, leaving it to the judgment of the court. (15 Ency. PL & Pr. 187.) But that is not true in Idaho. Our statute is identical with that of California, from which state it was copied.

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APPEAL from the District Court of the Fourth Judicial District for the County of Twin Falls. Hon. C. O. Stockslager, Judge. Action to recover on certain promissory notes. Judgment for defendant. In nearly all the states the order of trial is by statute made subject to conditions, leaving it to the judgment of the court. (15 Ency. PL & Pr. 187.) But that is not true in Idaho. Our statute is identical with that of California, from which state it was copied. (Benham v. Uowe, 2 Cal. 387, 56 Am. Dec. 342.) In those jurisdictions where the order of trial is under the control of the court, the test…

1Opinion of the CourtBudge, J.

This Is an action brought in the district court of Twin Falls county, by the appellant Exchange State Bank, a corporation, against George C. Taber, respondent. Judgment upon a verdict of the jury was entered against the appellant for the sum of $3,924.07 upon the respondent’s counterclaim. From said judgment an appeal was prosecuted to this court. On the 14th day of March, 1914, a majority and minority opinion was handed down, resulting in a reversal of the judgment of the trial court and remanding said cause for a new trial. Thereafter a petition for rehearing was filed by both the appellant…

2Cases cited14 opinions

  1. Lancaster v. CollinsSupreme Court of the United States · 1885
  2. Larson v. American Bridge Co.Washington Supreme Court · 1905
  3. Brunswick & Western Railroad v. WigginsSupreme Court of Georgia · 1901
  4. Truesdail v. WardMichigan Supreme Court · 1871
  5. Murdock v. ClarkeCalifornia Supreme Court · 1891

9 more not listed; retrieve them via the Exa API.

3Cited by18 opinions

  1. Cooper v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1927
  2. Seeley v. Security National BankIdaho Supreme Court · 1925
  3. Leaf v. ReynoldsIdaho Supreme Court · 1921
  4. Case v. EricsonIdaho Supreme Court · 1927
  5. Murtaugh Highway District v. Twin Falls Highway DistrictIdaho Supreme Court · 1943

13 more not listed; retrieve them via the Exa API.

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