Jones v. Moss
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, in and for Canyon County. Hon. Ed. L. Bryan, Judge. Action upon a note. Defendants’ joint demurrer sustained in part and overruled in part. If the complaint states a cause of action against one of several defendants, a joint demurrer cannot be sustained. (Asevado v. Orr, 100 Cal. 293, 34 Pac.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District, in and for Canyon County. Hon. Ed. L. Bryan, Judge. Action upon a note. Defendants’ joint demurrer sustained in part and overruled in part. If the complaint states a cause of action against one of several defendants, a joint demurrer cannot be sustained. (Asevado v. Orr, 100 Cal. 293, 34 Pac. Ill; Rogers v. Schulenbwrg, 111 Cal. 281, 43 Pac. 899; 1 Sutherland on Pleadings, sec. 290 ; Bunn v. Gibson, 9 Neb. 513, 4 N. W. 244; Missouri Valley Land Co. v. Bushnell, 11 Neb. 192, 8 N. W. 389.) A demurrer may generally be filed by all…
1Opinion of the CourtBudge, J.
On April 23, 1915, plaintiffs filed their complaint in the district court of the seventh judicial district, in which, among other things, they allege that on February 15, 1912, defendant, F. C. Moss, made, executed and delivered to one Susan Langdell his promissory note of that date for the sum of $337.95, payable three years after date, with interest at six per cent; that'during June, 1912, the payee of said note died in Canyon county; that prior to her death she executed her last will and testament under which, on her death, plaintiffs became the owners of the note sued upon. Plaintiffs…
2Cases cited8 opinions
- Asevado v. OrrCalifornia Supreme Court · 1893
- Stiles, Treasurer v. City of GuthrieSupreme Court of Oklahoma · 1895
- Smith v. ClarkUtah Supreme Court · 1910
- Hirshfeld v. WeillCalifornia Supreme Court · 1898
- Rogers v. SchulenburgCalifornia Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Harkness v. HydeIdaho Supreme Court · 1918
- Columbia River Co. v. SmithOregon Supreme Court · 1917
- Union Central Life Insurance v. KeithIdaho Supreme Court · 1937
- First National Bank v. CollinsIdaho Supreme Court · 1932