Keane v. Pittsburg Lead Mining Co.
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Jttdge. An action to recover debt. Judgment, for defendant. Plaintiff appeals. This court has repeatedly held that if the evidence introduced in an action even tends to establish the allegations of the complaint, its sufficiency should be determined by the jury and not by the court.
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APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Jttdge. An action to recover debt. Judgment, for defendant. Plaintiff appeals. This court has repeatedly held that if the evidence introduced in an action even tends to establish the allegations of the complaint, its sufficiency should be determined by the jury and not by the court. (Kanstein'er v. Glyne, 5 Ida. 59, 46 Pac. 1019; Blade v. City of Lewiston, 2 Ida. 276; Lewis v. Lewis, 3 Ida. 645, 33 Pac. 38.; Simpson v. Remington, 6 Ida. 681, 59 Pac. 360; Idaho Merc. Go. v. Kalamquin, 7…
1Opinion of the CourtStewart, J.
— At the close of the evidence the court gave to the jury the following instruction: “Gentlemen of the jury, the court instructs you, as a matter of law, that the evidence is insufficient to support a verdict in favor of the plaintiff in this case and you are, therefore, instructed to find for the defendant,” In accordance with this instruction the jury returned a verdict for the defendant. Plaintiff moved for a new trial, which was overruled, and this appeal is from the judgment and from the order overruling the motion for a new trial.
The plaintiff claims that he was one of the incorporators…
2Cases cited25 opinions
- Swan Land & Cattle Co. v. FrankSupreme Court of the United States · 1893
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- People v. ChuckCalifornia Supreme Court · 1889
- Later v. HaywoodIdaho Supreme Court · 1906
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3Cited by23 opinions
- Big Butte Ranch, Inc. v. GrasmickIdaho Supreme Court · 1966
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Pocatello Security Trust Co. v. HenryIdaho Supreme Court · 1922
- Gem-Valley Ranches, Inc. v. SmallIdaho Supreme Court · 1966
- Nissula v. Southern Idaho Timber Protective Ass'nIdaho Supreme Court · 1952
18 more not listed; retrieve them via the Exa API.