Washington & Idaho Railroad Co. v. Coeur D'Alene Railway & Navigation Co.
Idaho Supreme Court
APPEAL from District Court, Shoshone County.. Under the system of express findings, nothing is implied, but full findings are required upon every material issue without any request therefor, and with no exception on account of defects; and, if any material issue is left unfound, it is ground for a reversal of judgment.
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APPEAL from District Court, Shoshone County.. Under the system of express findings, nothing is implied, but full findings are required upon every material issue without any request therefor, and with no exception on account of defects; and, if any material issue is left unfound, it is ground for a reversal of judgment. (Robinson v. Railroad Go., 57 Cal. 417; Everson v. Mayhem, 57 Cal. 144; Knight v. Roche, 56 Cal. 25.) The finding on every material issue is necessary, although no evidence was introduced upon such issue. (Campbell v. Buck-man, 49 Cal. 362; Speegle v. Leese, 51 Cal. 415.) There…
1Opinion of the CourtWeir, C. J.
This is an appeal from a judgment in favor of the plaintiff against the defendants, in which the plaintiff asks a judgment and decree of this court enjoining the defendant, and all persons claiming under it, from in any manner entering upon the right of way of the plaintiff at the town of Wallace, in the county of Shoshone, extending in length a mile and a half, and in width one hundred feet on each side of the central line of the railroad of plaintiff, as surveyed and designated on the ground, and from further constructing said railroad on said right of way, and from interfering with the…
2Cited by32 opinions
- Kincaid v. WadeSupreme Court of Kansas · 1966
- Putnam v. PutnamMontana Supreme Court · 1929
- Anderson v. ThompsonSupreme Court of Kansas · 1933
- State v. BellSupreme Court of Kansas · 1926
- Stone v. City of PleasantonSupreme Court of Kansas · 1924
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