Goldensmith v. Worstell
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action on a claim against an estate. Judgment for plaintiff. When the evidence, even though uncontradicted, is insufficient to sustain the verdict of the jury, or such verdict is plainly contrary to the decided weight of evidence, such verdict and the judgment based thereon will be reversed.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. W. W. Woods, Judge. Action on a claim against an estate. Judgment for plaintiff. When the evidence, even though uncontradicted, is insufficient to sustain the verdict of the jury, or such verdict is plainly contrary to the decided weight of evidence, such verdict and the judgment based thereon will be reversed. (Hawkins v. Pocatello Water Co., 3 Ida. 766, 35 Pac. 711; Commercial Bank v. Lieuallen, 5 Ida. 47, 46 Pae. 1020; Idaho Mercantile Co. v. Palanquin, 8 Ida. 101, 66 Pac. 933; Watson v. Molden, 10…
1Opinion of the CourtMcCABTlIY, J.
This action was brought by respondent to recover the value of services rendered to appellant’s testator, S. Y. Osborn, her claim filed with appellant as executor having been rejected. The complaint set out three causes of action. The first claimed $105 as compensation for the support and care for three months of Margaret Coonce, a step-granddaughter of Osborn, supplied at his request; the second was for board, lodging, mending, laundry work, nursing and attention rendered Osborn, from April 1, 1918, to March 1, 1919, a period of 334 days at $5 per day, or $1,670; the third asked reimbursement…
2Cited by4 opinions
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- Bodenhamer v. Pacific Fruit & Produce Co.Idaho Supreme Court · 1931
- Ferrell v. McVeyIdaho Supreme Court · 1951