Standley v. Flint
Idaho Supreme Court
APPEAL from tbe District Court of Bannock County. Honorable Alfred Budge, Judge. Action to set aside certain conveyances. Judgment for plaintiff. It will be seen on inspection of the pleadings in this record that the trial court wholly failed to make findings of fact on all the issues raised in the pleadings. The universal rule is that there must be a finding on every material issue raised in the pleadings. Each fact averred should be directly and distinctly found.
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APPEAL from tbe District Court of Bannock County. Honorable Alfred Budge, Judge. Action to set aside certain conveyances. Judgment for plaintiff. It will be seen on inspection of the pleadings in this record that the trial court wholly failed to make findings of fact on all the issues raised in the pleadings. The universal rule is that there must be a finding on every material issue raised in the pleadings. Each fact averred should be directly and distinctly found. (Pratalongo v. Larco, 47 Cal. 378; Cogían v. Beard, 65 Cal. 58-62, 2 Pac. 737; Coveny v. Hale, 49 Cal. 552; Walker v. Brem, 67…
1Opinion of the Court
SULLIVAN, J. —
This action was brought for the purpose of setting aside a certain deed and bills of sale executed by the *630respondent to the appellant, Mrs. Euth Flint. It is alleged by the respondent that said conveyances and bills of sale were given iby him to said appellant, with the agreement and understanding ■that said appellant was to pay certain debts of respondent, which debts were set forth in an exhibit attached to the complaint; that appellant had failed and refused to pay said debts or any part thereof, and a cancellation of said conveyances was prayed for, and also the appointment…
2Cited by12 opinions
- Wood v. BrodersonIdaho Supreme Court · 1906
- Morton Realty Co. v. Big Bend Irrigation & M. Co.Idaho Supreme Court · 1923
- Brown v. MaceyIdaho Supreme Court · 1907
- Cheesbrough v. JensenIdaho Supreme Court · 1941
- Jesse M. Chase, Inc. v. LeonardIdaho Supreme Court · 1949
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