McConnell v. Langdon
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. The court erred in refusing to allow defendant to amend his return to make it conform to the facts. (Jeffries v. Rudloff, 73 Iowa, 60, 5 Am. St. Pep. 654, 34 N. W. 756; Thatcher v. Miller, 11 Mass. 413; Spellmyer v. Gaff, 113 111. 39, 1 N. E. 170; Shenandoah Val. R. Co. v. Ashby, 86 Ya. 333, 19 Am. St. Eep. 898, 9 S. E. 1003; People v. Ames, 35 N. Y. 483, 91 Am.
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APPEAL from District Court, Nez Perces County. The court erred in refusing to allow defendant to amend his return to make it conform to the facts. (Jeffries v. Rudloff, 73 Iowa, 60, 5 Am. St. Pep. 654, 34 N. W. 756; Thatcher v. Miller, 11 Mass. 413; Spellmyer v. Gaff, 113 111. 39, 1 N. E. 170; Shenandoah Val. R. Co. v. Ashby, 86 Ya. 333, 19 Am. St. Eep. 898, 9 S. E. 1003; People v. Ames, 35 N. Y. 483, 91 Am. Dec. 64.) A demurrer will only lie to the whole pleading, or to the whole of a particular cause of action or defense. It cannot be directed to a portion only of a single cause of action…
1Opinion of the CourtMorgan, J.
The complaint alleges that the plaintiffs, on the second day of November, 1887, executed and delivered to the defendant, as sheriff, affidavit and notice required by law, and demanded that the said sheriff proceed to sell the personal property in the said affidavit and notice described by virtue of a chattel or crop mortgage owned by plaintiffs, which is attached to the complaint, and marked exhibit “A.” The mortgage was dated April 20, 1887; was given by A. Matheason, a farmer, to the plaintiffs herein, to secure the payment of the sum of $553, then owing by said mortgagor to the plaintiffs;…
2Cases cited9 opinions
- Cole v. KerrNebraska Supreme Court · 1886
- Pennington v. JonesSupreme Court of Iowa · 1881
- Barr v. CannonSupreme Court of Iowa · 1886
- Pierce v. LangdonIdaho Supreme Court · 1891
- Eggert v. WhiteSupreme Court of Iowa · 1882
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3Cited by17 opinions
- Livestock Credit Corp. v. CorbettIdaho Supreme Court · 1933
- United Bank & Trust Co. v. PowersCalifornia Court of Appeal · 1928
- Adams v. Caldwell Milling & Elevator Co.Idaho Supreme Court · 1921
- Gordon v. LoerIdaho Supreme Court · 1937
- Schieche v. PascoIdaho Supreme Court · 1964
12 more not listed; retrieve them via the Exa API.