Lyons v. Lambrix
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to recover for services rendered. Judgment for plaintiff.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to recover for services rendered. Judgment for plaintiff. The instructions given by the court and the requested instructions also given by the court could not be read and considered together as a whole; they could not reasonably and fairly be harmonized, for the reason that they were inconsistent and contradicted each other, and therefore it was error for the court to give them. (Tarr v. Oregon Short Line B. Go., 14 Ida. 192, 125 Am. St. 151, 93 Pac. 957.) Verdiet of jury…
1Opinion of the CourtMorgan, C. J.
This action was commenced by respondent to recover for labor performed by her as a household servant for and at the instance and request of appellant’s intestate. The employment was denied, and an affirmative defense and counterclaims'were alleged, in the answer. The trial resulted in a judgment for plaintiff from which, and from an order denying a motion for a new trial, this appeal is prosecuted.
Appellant has assigned as error orders overruling his motions for a continuance and for a new trial. The transcript does not contain a certificate showing what papers were submitted to the judge and…
2Cases cited1 opinion
- Smith v. BensonIdaho Supreme Court · 1918
3Cited by7 opinions
- Hoy v. AndersonIdaho Supreme Court · 1924
- Tsuboi v. CohnIdaho Supreme Court · 1924
- Hardy v. ButlerIdaho Supreme Court · 1924
- Leaper v. VaughtIdaho Supreme Court · 1928
- Fruitland State Bank v. LauerIdaho Supreme Court · 1921
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