Miller v. Donovan
Idaho Supreme Court
APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. Action for debt. Judgment for plaintiff. Defendants appeal. The facts are stated in the opinion. It is a penal offense by act of Congress to cut down timber upon any of the public lands of the United States, with intent to export, dispose of, use or employ the same in any manner whatever other than for the use of the navy of the' United States.
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APPEAL from District Court in and for Kootenai County. Honorable Ralph T. Morgan, Judge. Action for debt. Judgment for plaintiff. Defendants appeal. The facts are stated in the opinion. It is a penal offense by act of Congress to cut down timber upon any of the public lands of the United States, with intent to export, dispose of, use or employ the same in any manner whatever other than for the use of the navy of the' United States. (U. S. Rev. Stats., sec. 2461.) A contract founded on an illegal consideration, or which is made for the purpose of furthering any matter or thing prohibited by…
1Opinion of the CourtAilshie, J.
— The plaintiff commenced this action in the lower court to recover on two causes of action. By his first cause of action he alleged the sale and delivery to the defendants of four hundred and forty thousand eight hundred and fifteen feet of white pine, tamarack and cedar sawlogs, for which defendants promised and agreed to pay the sum of $1,569.12; that the defendants have failed, neglected and refused to pay any part thereof save and except the sum of $517.32 ,• that there is still due and owing to plaintiff from defendants the sum of $1,051.80. By the second cause of action plaintiff…
2Cases cited5 opinions
- Heffron v. PollardTexas Supreme Court · 1889
- Buchtel v. EvansOregon Supreme Court · 1891
- Finley v. QuirkSupreme Court of Minnesota · 1864
- Jameson v. ColdwellOregon Supreme Court · 1892
- Lyts v. KeeveyWashington Supreme Court · 1893
3Cited by16 opinions
- Donovan v. MillerIdaho Supreme Court · 1906
- Hurt v. Monumental Mercury Mining Co.Idaho Supreme Court · 1922
- Wanke v. Ziebarth Const. Co.Idaho Supreme Court · 1948
- Council Improvement Co. v. DraperIdaho Supreme Court · 1909
- Miller v. DonovanIdaho Supreme Court · 1907
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