Bingham County Agricultural Ass'n v. Rogers
Idaho Supreme Court
APPEAL from District Court, Bingham County. Was it error for the court to grant a new trial because of the alleged defect in the complaint in not stating “that the plaintiffs were the owners or entitled to the possession of the property sued for at the time of the commencement of the actions” ? {Schwartz v. Skinner, 47 Cal. 3; Ladson v. Mostowitz, 45 S. C. 388, 23 S. E. 49.) A bare allegation that at the time of the commencement of this action plaintiffs were the owners, or…
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APPEAL from District Court, Bingham County. Was it error for the court to grant a new trial because of the alleged defect in the complaint in not stating “that the plaintiffs were the owners or entitled to the possession of the property sued for at the time of the commencement of the actions” ? {Schwartz v. Skinner, 47 Cal. 3; Ladson v. Mostowitz, 45 S. C. 388, 23 S. E. 49.) A bare allegation that at the time of the commencement of this action plaintiffs were the owners, or entitled to the possession of the property in question, would, under the circumstances of the ease, have been a mere…
1Opinion of the CourtHdston, C. J.
This is an appeal from an order of the district court, granting a new trial. The complaint purports to be in an action of claim and delivery, and avers ownership of the property sought to be recovered in the plaintiffs on the sixth day of May, 1896; avers value of the property on the sixth day of May, 1896; avers the taking of possession of the property by the defendant on the same date, and his continued holding since that time; avers, generally, that plaintiffs have repeatedly demanded possession. The action was commenced on September 7, 1898. We have earnestly and studiously sought for…
2Cited by6 opinions
- National Motor Service Co. v. WaltersIdaho Supreme Court · 1963
- Patterson v. ChaneyNew Mexico Supreme Court · 1918
- Richardson v. BohneyIdaho Supreme Court · 1911
- Jones v. StaufferIdaho Supreme Court · 1930
- Warm River Lumber Co. v. RightenourIdaho Supreme Court · 1946
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