Legal Opinion · Dissent

Prairie Flour Mill Co. v. Farmers Elevator Co.

Idaho Supreme Court

Decided November 25, 1927No. 4827Published

1Dissent

BUDGE, J.,

Dissenting. — -While I do not understand the

facts in this case to be entirely as stated in the majority opinion, whatever the facts may be, they become unimportant in view of the holding in the majority opinion.

The question passed on is one of practice. The jury rendered a verdict for the defendants, which was by the trial judge ordered to be entered, and was thereafter duly filed. Thereupon counsel for plaintiff moved for judgment notwithstanding the verdict. The trial court, for reasons stated in the majority opinion and otherwise, as appear from the judgment, entered judgment for…

2Cases cited8 opinions

  1. Duluth Chamber of Commerce v. KnowltonSupreme Court of Minnesota · 1889
  2. Cady v. KellerIdaho Supreme Court · 1916
  3. Exchange State Bank v. TaberIdaho Supreme Court · 1915
  4. Bowman v. BohneyIdaho Supreme Court · 1922
  5. Smith v. Potlatch Lumber Co.Idaho Supreme Court · 1912

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