Swanson v. Groat
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. Action by plaintiff for the willful, deliberate and unlawful trespass in the herding and grazing their sheep upon the lands of the plaintiff, and within two miles of his dwelling-house. Judgment for plaintiff; defendants appeal. The law provides for no appeal from an order overruling a demurrer, or an order on motion affecting the pleadings. (Code Civ.
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APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. Action by plaintiff for the willful, deliberate and unlawful trespass in the herding and grazing their sheep upon the lands of the plaintiff, and within two miles of his dwelling-house. Judgment for plaintiff; defendants appeal. The law provides for no appeal from an order overruling a demurrer, or an order on motion affecting the pleadings. (Code Civ. Proc., sec. 3573; Ah Ele v. McLean, 3 Idaho, 70, 26 Pac. 937.) This being only an appeal from the judgment, the statutes fix what papers…
1Opinion of the CourtAilshie, J.
The respondent has filed and presented a motion to strike from the transcript in this case all matter found on page 6 thereof, which appears to be a motion and notice of motion to strike certain paragraphs from the complaint. This appeal is from the judgment only and no statement or bill of exceptions has ever been settled or filed in the case. It therefore follows that under sections 4456 and 4818 of the Revised Statutes, the motion and notice to strike certain matter from the complaint has no place in the judgment-roll, and could only be brought to this court by a bill of exceptions or…
2Cases cited16 opinions
- Lazarus v. PhelpsSupreme Court of the United States · 1894
- Larkin v. TaylorSupreme Court of Kansas · 1870
- Stickney v. HanrahanIdaho Supreme Court · 1900
- Williams v. Boise Basin Mining & Development Co.Idaho Supreme Court · 1905
- Powers v. KindtSupreme Court of Kansas · 1874
11 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- City of Bellevue v. DalyIdaho Supreme Court · 1908
- Maguire v. YankeIdaho Supreme Court · 1978
- Hartford Mining Co. v. Home Lumber & Coal Co.Nevada Supreme Court · 1940
- Maxwell v. Twin Falls Canal Co.Idaho Supreme Court · 1930
- Fairview Investment Co. v. LambersonIdaho Supreme Court · 1913
6 more not listed; retrieve them via the Exa API.