Legal Opinion
Phœnix Lumber Co. v. Regents of University of Idaho
District Court, D. Idaho
Decided September 8, 1908PublishedCited by 3 opinions
At Law. Action by the Phoenix Lumber Company against the Regents of the University of Idaho. Ón demurrer'to the complaint.
1Opinion of the Court
DIETRICH, District Judge.
[1] Upon the ground that the complaint does not state facts sufficient to constitute a cause of action, the demurrer must be sustained. The plaintiff sues as the assignee of James A. Colson & Son, and, apart from the formal allegations of corporate existence and of jurisdictional facts, the charge is:
“That on or about March 30, 1907, the defendant was indebted, to James A. Colson & Son * * * in the sum of three thousand dollars ($3,000.00), which sum was then and thére due and payable from said defendant to said James A. Colson & Son.”
Assignment, demand for payment,…
2Cases cited4 opinions
- US Bank v. PLANTERS'BANKSupreme Court of the United States · 1824
- American Bonding Co. v. Regents of UniversityIdaho Supreme Court · 1905
- Swanholm v. ReeserIdaho Supreme Court · 1892
- Board of Trustees v. BrunerAppellate Court of Illinois · 1896
3Cited by3 opinions
- Interstate Const. Co. v. Regents of University of IdahoDistrict Court, D. Idaho · 1912
- Rorick v. Board of Com'rs of Everglades Drainage Dist.District Court, N.D. Florida · 1928
- Mazur v. HymasDistrict Court, D. Idaho · 1988