Cantwell v. McPherson
Idaho Supreme Court
APPEAL from District Court, Latab County. The first question raised on this appeal conclusively determines the action in favor of the appellant; the judgment in this cause is not supported by the pleadings and findings of fact. The judgment-roll in this action shows the cause of action was-barred by our statute of limitations, section 4054; before the-commencement of this action. Every presumption is against the pleader.
Read the full summary
APPEAL from District Court, Latab County. The first question raised on this appeal conclusively determines the action in favor of the appellant; the judgment in this cause is not supported by the pleadings and findings of fact. The judgment-roll in this action shows the cause of action was-barred by our statute of limitations, section 4054; before the-commencement of this action. Every presumption is against the pleader. He is presumed to have stated his case as strongly as it could be stated in his own favor. (Green v. Covillaud, 10- . Cal. 317, 70 Am. Dec. 725; Landers v. Bolton, 26 Cal.…
1Opinion of the CourtSullivan, J.
This is an application to revive a judgment. The proceeding was commenced in the court below by petition on the eighteenth day of September, 1889, and alleges as a ground for such revival that the petitioner failed to get title to the land sold in satisfaction of said judgment, or to get possession thereof. To this petition a demurrer was filed, on the ground that the petition did not state facts sufficient to state a cause of action, which demurrer was sustained by the court, and judgment of dismissal duly entered. Thereafter an appeal *724was taken to a former term of this court, and the…
Also in this document: Concurrence.
2Cases cited4 opinions
- Cantwell v. McPhersonIdaho Supreme Court · 1892
- Bowman v. PeopleIllinois Supreme Court · 1876
- Duprey v. MoranCalifornia Supreme Court · 1854
- Guy v. MiddletonCalifornia Supreme Court · 1855
3Cited by3 opinions
- Fox v. CosgriffIdaho Supreme Court · 1943
- Petty v. PettyIdaho Supreme Court · 1950
- Gertztowt v. HumphreyIdaho Supreme Court · 1933