Bates v. Capital State Bank
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to recover possession of certain railroad bonds or their value in case a return cannot be had. Demurrer to the complaint on the ground that it does not state a cause of action, and other grounds, sustained by the trial court.
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APPEAL from tbe District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. Action to recover possession of certain railroad bonds or their value in case a return cannot be had. Demurrer to the complaint on the ground that it does not state a cause of action, and other grounds, sustained by the trial court. Under the provisions of our code the technicalities of pleading have been dispensed with, and the plaintiff need only state his cause of action in ordinary and concise language. (,Remit v. Oliver, 10 Ida. 3, 70 Pac. 20; Elliott v. Collins, 6 Ida. 266, 55 Pae.…
1Opinion of the CourtSullivan, C. J.
This action was brought to recover the possession of twenty-one first mortgage bonds of the Pacific and Idaho Northern Railway Co., or their alleged value of $29,496.25.
It is alleged in the complaint that said bonds were deposited with the Capital State Bank of Idaho on the 23d of August, *4331901; that each and every of said bonds were at tbe time of the deposit and ever since have been and now are the sole and separate property of the plaintiff; that on the 3d of January, 1910, plaintiff served a written demand on the defendants, the defendant M. P. Meholin being the receiver of said bank,…
2Cases cited14 opinions
- Wilkins v. StidgerCalifornia Supreme Court · 1863
- Wiser v. ChesleySupreme Court of Missouri · 1873
- Wetherly v. StrausCalifornia Supreme Court · 1892
- Abadie v. CarrilloCalifornia Supreme Court · 1867
- Rauh v. OliverIdaho Supreme Court · 1904
9 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Archer v. Shields Lumber Co.Idaho Supreme Court · 1967
- Bates v. Capital State BankIdaho Supreme Court · 1912
- Casady v. ScottIdaho Supreme Court · 1924
- State v. McPaddenSupreme Court of Minnesota · 1921
- Prewett v. First Nat. Bank of HagermanIdaho Supreme Court · 1928
8 more not listed; retrieve them via the Exa API.