Later v. Haywood
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judge. Plaintiffs appealed from a judgment of nonsuit. A motion to make the complaint more certain, under our code, will not lie. Such an objection must be taken by demurrer. (Naylor v. Loan etc. Co., 6 Idaho, 251, 55 Pac. 297; Palmer v. Utah etc. Ry.
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APPEAL from the District Court of the Sixth Judicial District for Fremont County. Hon. J. M. Stevens, Judge. Plaintiffs appealed from a judgment of nonsuit. A motion to make the complaint more certain, under our code, will not lie. Such an objection must be taken by demurrer. (Naylor v. Loan etc. Co., 6 Idaho, 251, 55 Pac. 297; Palmer v. Utah etc. Ry. Co., 2 Idaho, 315, 13 Pac. 425; Aulbac-h v. Dahler et al., 4 Idaho, 654, 43 Pae. 322; Idaho Rev. Stats. 1887, sec. 4178.) The relation of attorney and client must exist before communications can be deemed privileged, under section 5958 of the…
1Opinion of the CourtAilshie, J.
(After stating the facts.) — The first four assignments of error go to rulings of the court in settling the issues in the case. These were matters addressed to the discretion of the trial court, and we find no abuse of that discretion in this ease. The fifth and sixth assignments are predicated on the denial of motions by plaintiff to have default entered against defendant. While the defendant was, as a matter of fact, in default, in the strict sense, it was within the power and discretion of the court to extend and enlarge the time for answering, and no injury appears to have resulted from…
2Cases cited8 opinions
- Edmisson v. Drumm-Flato Commission Co.Supreme Court of Oklahoma · 1903
- Cain v. Gold Mountain Mining Co.Montana Supreme Court · 1903
- Northern Pacific Railroad v. EverettSupreme Court of the United States · 1894
- Felton v. MillardCalifornia Supreme Court · 1889
- Great Northern Ry. Co. v. McLaughlinCourt of Appeals for the Ninth Circuit · 1895
3 more not listed; retrieve them via the Exa API.
3Cited by34 opinions
- Adams v. Bunker Hill & Sullivan Mining Co.Idaho Supreme Court · 1906
- Compton v. ComptonIdaho Supreme Court · 1980
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Stearns Ex Rel. Stearns v. GravesIdaho Supreme Court · 1941
29 more not listed; retrieve them via the Exa API.