Cronin v. Bear Creek Gold Mining Co.
Idaho Supreme Court
APPEAL from District Court, Elmore County. We believe that there can be no doubt that a defect of an allegation in a complaint will be cured by its statement in the answer. Schenck v. Hartford Fire Ins. Co., 71 Cal. 28, 11 Pac. 807; Hegard v. California Fire Ins. Co. (Cal.), 11 Pac. 594; Allen v. Chouteau, 102 Mo. 309, 14 S. W. 869; Henry v. Sneed, 99 Mo. 407, 17 Am.
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APPEAL from District Court, Elmore County. We believe that there can be no doubt that a defect of an allegation in a complaint will be cured by its statement in the answer. Schenck v. Hartford Fire Ins. Co., 71 Cal. 28, 11 Pac. 807; Hegard v. California Fire Ins. Co. (Cal.), 11 Pac. 594; Allen v. Chouteau, 102 Mo. 309, 14 S. W. 869; Henry v. Sneed, 99 Mo. 407, 17 Am. St. Rep. 580, 13 S. W. 665.) The bringing of a suit on an adverse claim is but the continuation of a proceeding already initiated in the land office. (Wolverton v. Nichols, 119 TJ. S. 489, 7 Sup. Ct. Rep. 289.) If the description…
1Opinion of the CourtMorgan, J.
(After Stating the Facts). — An objection is made to the form of the complaint by the defendant for the reason that it contains no allegation that would indicate that the suit was brought to determine an adverse claim. There is no allegation that the claim was located by the plaintiffs or their grantors; nor is there any allegation that the defendant had made application for patent, nor that the plaintiffs had filed an adverse claim in the land office to contest the right of the defendant to such patent; nor is there any sufficient allegation defining just what land is claimed by the…
2Cases cited5 opinions
- Woods v. SawtelleCalifornia Supreme Court · 1873
- Anthony v. JillsonCalifornia Supreme Court · 1890
- Mattingly v. LewisohnMontana Supreme Court · 1888
- Cadierque v. DuranCalifornia Supreme Court · 1874
- Lalande v. McDonaldIdaho Supreme Court · 1887
3Cited by3 opinions
- Mars v. Oro Fino Min. Co.South Dakota Supreme Court · 1895
- Smith v. WheelerDistrict Court, D. Alaska · 1915
- Little v. MorrisIdaho Supreme Court · 1930