Penninger Lateral Co. v. Clark
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action at law to recover damag'es where an equitable defense is presented by cross-complaint. Judgment for respondent.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action at law to recover damag'es where an equitable defense is presented by cross-complaint. Judgment for respondent. No action purely equitable in character can proceed to a decree upon the verdict of a jury as the foundation thereof, but if the jury is called in such case, it must be to aid the court in determining the questions of fact, which, when found, are the findings of the court. (Ramsey v. Hart, 1 Ida. 423.) In such a ease the court may adopt the findings of the jury as its…
1Opinion of the CourtStewart, C. J.
This action was instituted by the appellant to recover from the respondent the sum of $258.95. The complaint contains two causes of action. The first cause of action alleges that the plaintiff expended for the maintenance and keeping up of the canal designated as the Penninger lateral, and for repairs of the same, and for the payment of the water-master for the years 1904, 1905, 1906, 1907, 1908 and 1909, the sum of $240.47, of which sum the defendant has paid the sum of $93.39, leaving still due and unpaid the sum of $147.08.
The second cause of action alleges that during the year 1904 the…
2Cases cited13 opinions
- Davis v. DavisCalifornia Supreme Court · 1864
- Martin v. ZellerbachCalifornia Supreme Court · 1869
- Estrada v. MurphyCalifornia Supreme Court · 1861
- Lestrade v. BarthCalifornia Supreme Court · 1862
- Bruck v. TuckerCalifornia Supreme Court · 1871
8 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- David Steed & Associates, Inc. v. YoungIdaho Supreme Court · 1988
- Johnson v. NiichelsIdaho Supreme Court · 1930
- C. I. T. Corporation v. ElliottIdaho Supreme Court · 1945
- Driesbach v. LynchIdaho Supreme Court · 1953
11 more not listed; retrieve them via the Exa API.