Stewart v. Stewart
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action for divorce. Judgment for respondent, awarding custody of children and alimony. The evidence is insufficient to sustain the findings and decision of the, court. (Stoneburner v. Stoneburner, 11 Ida. 603, 83 Pac. 938; Brown v. Macey, 13 Ida. 451, 90 Pac. 339.) The findings and decision of the court are insufficient to sustain the decree entered.
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APPEAL from tbe District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action for divorce. Judgment for respondent, awarding custody of children and alimony. The evidence is insufficient to sustain the findings and decision of the, court. (Stoneburner v. Stoneburner, 11 Ida. 603, 83 Pac. 938; Brown v. Macey, 13 Ida. 451, 90 Pac. 339.) The findings and decision of the court are insufficient to sustain the decree entered. (Stoneburner v. Stoneburner■, supra.) Full faith and credit must be given to the decree of the district court of Johnson county,…
1Opinion of the CourtBudge, J.
This is an action for divorce. Judgment was entered in favor of respondent, granting her a divorce from appellant, and awarding her the custody of their three minor children, together with alimony. This appeal is from the judgment.
The first assignment of error attacks the ruling of the court in denying á motion for a nonsuit, made at the close of respondent’s evidence. After this adverse ruling, appellant adduced his evidence. The motion for nonsuit was, therefore, waived and is not subject to be reviewed. (Smith v. Potlatch Lumber Co., 22 Ida. 782, 128 Pac. 546; Tonkin-Clark Realty Co. v.…
2Cases cited19 opinions
- Cheever v. WilsonSupreme Court of the United States · 1870
- Morrill v. MorrillSupreme Court of Connecticut · 1910
- Wilson v. ElliottTexas Supreme Court · 1903
- Green v. CampbellWest Virginia Supreme Court · 1891
- Kenner v. KennerTennessee Supreme Court · 1917
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3Cited by26 opinions
- Smith v. SmithIdaho Supreme Court · 1947
- Robinson v. RobinsonIdaho Supreme Court · 1949
- Naccarato v. Village of Priest RiverIdaho Supreme Court · 1948
- State Ex Rel. Duckworth v. District CourtMontana Supreme Court · 1938
- Clemens v. KinsleyIdaho Supreme Court · 1951
21 more not listed; retrieve them via the Exa API.