Legal Opinion

Feirbaugh v. Masterson

Idaho Supreme Court

Decided January 15, 1867PublishedCited by 4 opinions

Appeal from tbe third judicial district, Owyhee county. It is quite impossible to give a much fuller detail of facts than is contained in the opinion of the court. Reference is made in the transcript to a map of the premises as giving a very accurate description of. them, the location of the “cabins,” the amount and location of the fencing, etc., but this map was not sent up, or has been lost.

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Appeal from tbe third judicial district, Owyhee county. It is quite impossible to give a much fuller detail of facts than is contained in the opinion of the court. Reference is made in the transcript to a map of the premises as giving a very accurate description of. them, the location of the “cabins,” the amount and location of the fencing, etc., but this map was not sent up, or has been lost. Hence, all these facts were ascertained alone from the evidence of the witnesses as written down by the clerk on the trial. The supreme court in the state of California have held, in the following…

1Opinion of the CourtCummins, J.

McBride, O. J., concurring.

This was an action of ejectment for the recovery of premises situate in- Owyhee county. A jury having been expressly waived by the parties, a trial was had by the court. The judgment was for the defendant, after'which the plaintiffs move for a new trial upon the grounds:

*1371. That tbe findings of tbe court and tbe judgment thereon are against law.

2. For errors in law occurring on tbe trial and excepted to on tbe part of tbe plaintiffs.

Tbis motion was denied bj tbe court, from wbicb order denying a new trial an appeal is taken to tbis court. Tbe testimony was reduced to…

2Cases cited2 opinions

  1. Coryell v. CainCalifornia Supreme Court · 1860
  2. Plume v. SewardCalifornia Supreme Court · 1854

3Cited by4 opinions

  1. Betts v. LetcherSouth Dakota Supreme Court · 1890
  2. Hyndman v. StoweUtah Supreme Court · 1893
  3. Weeks v. CranmerSouth Dakota Supreme Court · 1904
  4. Guion v. United StatesDistrict Court, D. Idaho · 2022

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