Tage v. Alberts
Idaho Supreme Court
APPEAL from District Court, Ada County. A judgment based upon findings which do not determine all the issues is a decision against law.
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APPEAL from District Court, Ada County. A judgment based upon findings which do not determine all the issues is a decision against law. (Knight v. Roche, 56 Cal. 17; Brady v. Bartlett, 56 Cal. 364; Billings v. Everett, 53 Cal. 661.) Where specific facts are put in issue, it is the duty of the court to find the facts specifically. '{Hihn v. Peck, 30 Cal. 386; Pratalongo v. Larco, 47 Cal. 383; Breeze v. Doyle, 19 Cal. 104; Hidden v. Jordan, 38 Cal. 301; Jones v. Block, 30 Cal. 338; PoThemus v. Carpenter, 43 Cal. 386.) The specific facts constituting a fraud must be pleaded. (Estep v. Armstrong,…
1Opinion of the CourtBuck, J.
This action was brought to set aside a deed from plaintiff to defendant, on the ground that it was procured by fraud. Decree was granted, setting aside the deed, and from the decree and order denying a new trial appeal is taken. The appellant specifies three errors upon which he relies: 1. That the court erred in excluding evidence offered by the defendant that he had furnished the money that purchased the *273property conveyed by the deed. The record shows that the offer was to show that defendant had given money to plaintiff, from time to time, which was used by her in the purchase of property.…
2Cases cited1 opinion
- Schroeder v. JahnsCalifornia Supreme Court · 1865
3Cited by10 opinions
- Rhea v. HackneySupreme Court of Florida · 1934
- Wood v. BrodersonIdaho Supreme Court · 1906
- Brown v. MaceyIdaho Supreme Court · 1907
- Penn Mutual Life Insurance v. IretonIdaho Supreme Court · 1937
- Vinyard v. North Side Canal Co., Ltd.Idaho Supreme Court · 1929
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