Richards v. Scott
Idaho Supreme Court
APPEAL from District Court, Fremont County. An action may be maintained wherever a plaintiff is damaged by unlawful acts of defendants in pursuance of a combination and conspiracy for such purpose.
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APPEAL from District Court, Fremont County. An action may be maintained wherever a plaintiff is damaged by unlawful acts of defendants in pursuance of a combination and conspiracy for such purpose. While it may be urged that the combination or conspiracy is not the gist of the action, and that it need not be alleged although capable of proof and a proper matter to prove; and that even if it is alleged, that if the proof shows only one, and not all, of the defendants were concerned that a recovery may be had against that one concerned as if he had been sued alone; still, if the wrong becomes…
1Opinion of the CourtSullivan, J.
This is an action to recover damages for-alleged wrongful acts of defendants in diverting certain water to their own use which belonged to the plaintiff. The complaint states two causes of action. Under the first it is alleged that the damage sustained by the plaintiff amounted to $1,~ 038.50, and under the second the damage is placed at $1,089. It is alleged that the defendants (who are appellants) acted jointly in the wrongful diversion of -said water. The appel*729lants answered jointly, and put in issue all of the allegations of the complaint, and denied that they acted jointly or otherwise.…
2Cited by3 opinions
- Wilde v. HansenIdaho Supreme Court · 1949
- Zienke v. Northern Pacific Railway Co.Idaho Supreme Court · 1901
- Lovel v. JoyceIdaho Supreme Court · 1903