Boise Valley Construction Co. v. Kroeger
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. ■ Action by the plaintiff for debt. Answer and counterclaim by defendant denying the maturity of the obligation and alleging damages to real estate. Judgment for plaintiff and defendant appealed. The remedy of injunction and ejectment cannot be invoked' after the road has been constructed and possession of the land taken by the company for railway purposes.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Fremont Wood, Judge. ■ Action by the plaintiff for debt. Answer and counterclaim by defendant denying the maturity of the obligation and alleging damages to real estate. Judgment for plaintiff and defendant appealed. The remedy of injunction and ejectment cannot be invoked' after the road has been constructed and possession of the land taken by the company for railway purposes. Defendant’s, action then was only an action for damages. (Lawrence v. Morgan’s etc. It. & Steamship Go., 39 La. Ann. 427, 4 Am. St.…
1Opinion of the CourtAilshie, J.
— This action was commenced for the recovery of the sum of $600 on a contract entered into between the appellant and H. P. Ustiek, as trustee for the respondent company. The contract sued upon is set out at length in the complaint and reads as' follows:
“This agreement, between H. P. Ustiek, trustee, parties of the first part, and Theodore Kroeger, party of the second part, is to the effect:
“First. — That for and in consideration of the sum of $1.00, the receipt whereof is hereby acknowledged, and other considerations, I hereby agree to deliver unto said first parties, by good and sufficient…
2Cases cited17 opinions
- United States v. Great Falls Manufacturing Co.Supreme Court of the United States · 1884
- Uline v. . N.Y.C. H.R.R.R. Co.New York Court of Appeals · 1886
- Chicago & Eastern Illinois Railroad v. LoebIllinois Supreme Court · 1884
- Powers v. City of Council BluffsSupreme Court of Iowa · 1877
- Bayhouse v. UrquidesIdaho Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.
3Cited by36 opinions
- Smith v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1961
- St. Louis S. F. R. Co. v. MannSupreme Court of Oklahoma · 1920
- Archer v. Shields Lumber Co.Idaho Supreme Court · 1967
- Friedman v. City of Forest CitySupreme Court of Iowa · 1948
- Alesko v. Union Pacific RailroadIdaho Supreme Court · 1941
31 more not listed; retrieve them via the Exa API.