Storer v. Heitfeld
Idaho Supreme Court
APPEAL from tbe District Court of tbe Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to recover debt. Judgment for plaintiff. Defendants appeal. “It is error to refuse to grant a motion for a continuance on account of tbe absence of a witness, or admit tbe affidavit in evidence, when it is in due form, and shows tbe evidence to be material, and tbe inability of tbe affiant to procure bis attendance.” {Switzer v. Lottenville, 4 Ill.
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APPEAL from tbe District Court of tbe Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. An action to recover debt. Judgment for plaintiff. Defendants appeal. “It is error to refuse to grant a motion for a continuance on account of tbe absence of a witness, or admit tbe affidavit in evidence, when it is in due form, and shows tbe evidence to be material, and tbe inability of tbe affiant to procure bis attendance.” {Switzer v. Lottenville, 4 Ill. App. (4 Bradw.) 219; Bradbury v. Dougherty, 7 Blacbf. (Ind.) 467; Wardlaw v. Wardlaw, 89 Ga. 58; Robertson v. Woolley, 6…
1Opinion of the CourtStewart, J.
— This is an action to recover the sum of $2,500 with interest. The plaintiff alleges that on September 9, 1903, at the request of the defendants, plaintiff paid to one A. N. Buchanan the sum of $2,500, which amount was paid in the form of a check drawn by plaintiffs on the Lewiston National Bank of Lewiston, ■ Idaho, in words and figures as follows, to wit:
“Lewiston, Idaho, Sept. 9th, 1903.
“The Lewiston National Bank pay to the order of A. N. Buchanan $2,500.00, Two thousand five hundred and no-100 dollars.
(Signed) “GEO. H. STOBEB.”
*117That said sum was afterward paid by said Lewiston National…
2Cases cited11 opinions
- Rankin v. CaldwellIdaho Supreme Court · 1908
- Jaffe v. LilienthalCalifornia Supreme Court · 1894
- Morehouse v. MorehouseCalifornia Supreme Court · 1902
- Robertson v. MooreIdaho Supreme Court · 1904
- Holt v. GridleyIdaho Supreme Court · 1900
6 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Lanning v. SpragueIdaho Supreme Court · 1951
- State v. FlemingIdaho Supreme Court · 1910
- Pacific Gas & Electric Co. v. TaylorCalifornia Court of Appeal · 1921
- Betts Spring Co. v. Jardine MacHinery Co.California Court of Appeal · 1914
- Pauley v. Salmon River Lumber Co.Idaho Supreme Court · 1953
17 more not listed; retrieve them via the Exa API.