Idaho Mercantile Co. v. Kalanquin
Idaho Supreme Court
APPEAL from District Court, Kootenai County. “A question which suggests to the witness the answer which the examining party desires is denominated a leading or suggestive question.” (Idaho Rev. Stats., see. 6077.) The denial of each allegation controverted must be specific. (Idaho Rev. Stats., sec. 4183.) “A failure to deny specifically each and every material allegation of a verified complaint admits the allegation not so denied.”
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APPEAL from District Court, Kootenai County. “A question which suggests to the witness the answer which the examining party desires is denominated a leading or suggestive question.” (Idaho Rev. Stats., see. 6077.) The denial of each allegation controverted must be specific. (Idaho Rev. Stats., sec. 4183.) “A failure to deny specifically each and every material allegation of a verified complaint admits the allegation not so denied.” (Norris v. Glen, 1 Idaho, 590; Lillienthal v. Anderson, 1 Idaho, 673.) That defendant specifically denies does not of itself make a specific denial. “The denial of…
1Opinion of the CourtSullivan, J.
— This is the second appeal in this case. The judgment of nonsuit in favor of defendant, who is respondent here, was reversed, and the cause remanded for a new trial. The opinion is found in 62 Pac. 925. The issues made by the pleadings are stated in that opinion, and will not be repeated here. A new trial was had, and the verdict and judgment were in favor of the defendant. This appeal is from the judgment and order denying a new trial.
Assignments of error 1 and 2, we thinlc are well founded, and the court erred in refusing to let the witness answer said questions. Those questions are not…
2Cited by10 opinions
- Fleenor v. Oregon Short Line RailroadIdaho Supreme Court · 1909
- Lasby v. BurgessMontana Supreme Court · 1930
- Davenport v. BurkeIdaho Supreme Court · 1915
- Mason v. MootzIdaho Supreme Court · 1953
- Clarke v. Blackfoot Water Works, Ltd.Idaho Supreme Court · 1924
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