Wilkinson v. Bethel
Idaho Supreme Court
APPEAL from tbe District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to declare a trust. Judgment of dismissal in favor of defendant. Plaintiff appealed. It has been held time and again that any finding which is not responsive to the issues made by the pleadings should be disregarded, and that such findings will in no way support or lend any support to the conclusions of law or the judgment in the case.
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APPEAL from tbe District Court of Second Judicial District for Nez Perce County. Hon. Edgar C. Steele, Judge. Action to declare a trust. Judgment of dismissal in favor of defendant. Plaintiff appealed. It has been held time and again that any finding which is not responsive to the issues made by the pleadings should be disregarded, and that such findings will in no way support or lend any support to the conclusions of law or the judgment in the case. (Marks v. Sayward, 50 Cal. 59.) The material findings of fact made by the court are “that the plaintiff and his father paid the Ozark Mining and…
1Opinion of the CourtAilstiib, C. J.
This is an appeal from the judgment. The assignments of error go to the sufficiency of the findings to support the judgment. The only allegation in the complaint is as follows: “That on or about September 20, 1905, plaintiff purchased from the Ozark Mining and Milling Company, Limited, a corporation, fifty thousand shares of its *748capital stock and paid the full purchase price therefor, two hundred and fifty dollars, and said corporation issued forty thousand shares of said stock to the defendant and said defendant still holds thirty thousand shares of said stock for the plaintiff.” To this…
2Cases cited1 opinion
- Eastwood v. Standard Mines & Milling Co.Idaho Supreme Court · 1905
3Cited by3 opinions
- Dickey v. ClarkeIdaho Supreme Court · 1943
- Cleveland v. MochelIdaho Supreme Court · 1929
- Fairbairn v. KeithIdaho Supreme Court · 1929