Legal Opinion

Walling v. Walling

Idaho Supreme Court

Decided March 1, 1923PublishedCited by 10 opinions

APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. B. S. Yarian, Judge. Action for divorce. Judgment for defendant.

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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. B. S. Yarian, Judge. Action for divorce. Judgment for defendant. Where a large part of the evidence, comprising a substantial part of the case and material issues therein, is heard by the trial court on depositions, the appellate court will consider and weigh the evidence contained in such depositions as though they were originally submitted to the appellate court. {Bohy v. Bohy, 10 Ida. 139, 77 Pac. 213; Black v. Black, 33 Ida. 226, 191 Pac. 353; Jackson v. Cowan, 33 Ida. 525, 196 Pac. 216.,) Where the…

1Opinion of the CourtDunn, J.

This is an action for divorce brought by appellant against respondent. Judgment of the trial court was against appellant, from which she has appealed.

The case is presented here by other counsel than those who tried the case below and application has been made by appellant for attorneys’ fees on this appeal in addition to the allowance made therefor by the trial court to other counsel. All property owned by the parties is community property, but the trial court made no finding as to the value thereof. Appellant claims the property of the community to be worth at least $150,000, but we find no…

2Cases cited2 opinions

  1. Jones v. MarshallIdaho Supreme Court · 1913
  2. Black v. BlackIdaho Supreme Court · 1920

3Cited by10 opinions

  1. State v. Timothy Alan DunlapIdaho Supreme Court · 2013
  2. State v. OwsleyIdaho Supreme Court · 1983
  3. Applebaum v. StantonIdaho Supreme Court · 1929
  4. Pioneer Irrigation District v. American Ditch Ass'nIdaho Supreme Court · 1931
  5. Duthweiler v. HansonIdaho Supreme Court · 1933

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