Swanholm v. Reeser
Idaho Supreme Court
APPEAL from District Court, Elmore County. A defect of a material averment in the pleadings will make the judgment based thereon fatally defective on appeal. (Richards v. Insurance Go., 80 Cal. 505, 22 Pac. 939; Morgan v. Menzies, 60 Cal. 341; Barron v. Frink, 30 Cal. 489; Osborn v. Graves, 11 Or. 526, 6 Pae. 227; Smith v. Smith, 106 Ind. •43, 5 N E. 411; McAninch v. Hamilton, 1 Ind.
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APPEAL from District Court, Elmore County. A defect of a material averment in the pleadings will make the judgment based thereon fatally defective on appeal. (Richards v. Insurance Go., 80 Cal. 505, 22 Pac. 939; Morgan v. Menzies, 60 Cal. 341; Barron v. Frink, 30 Cal. 489; Osborn v. Graves, 11 Or. 526, 6 Pae. 227; Smith v. Smith, 106 Ind. •43, 5 N E. 411; McAninch v. Hamilton, 1 Ind. App. 429, 27 N. E. 719; Bean v. Gregg, 7 Colo. 499, 4 Pac. 903.) If any one •of the defenses made or counterclaims is not sufficiently pleaded, •a general verdict for the defendant will make the judgment for the…
1Opinion of the CourtSullivan, C. J.
This action was brought in the probate •court of Elmore county upon a demand for goods, wares and merchandise sold and delivered to the respondent, and for cash advanced to respondent, claimed to be of the value of $563.83, and that respondent is entitled to a deduction of forty-one dollars from said amount because of certain indebtedness due from appellant to respondent. The respondent interposed an answer, which was demurred to by appellant. The demurrer was sustained, and thereupon respondent filed his amended answer. A general demurrer was interposed to the amended answer, and overruled…
2Cases cited2 opinions
- Curtis v. Richards & VantineCalifornia Supreme Court · 1858
- Miller v. Pine Mining Co.Idaho Supreme Court · 1892
3Cited by9 opinions
- Wing v. HuletIdaho Court of Appeals · 1984
- Jackson v. GreenSupreme Court of Oklahoma · 1903
- Phœnix Lumber Co. v. Regents of University of IdahoDistrict Court, D. Idaho · 1908
- Underwood v. Purcell Wholesale Grocery Co.Supreme Court of Oklahoma · 1922
- Bistline v. HartwigsenIdaho Supreme Court · 1924
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