Gray v. Pierson
Idaho Supreme Court
APPEAL from District Court, Bear Lake County. Newly discovered evidence: The affidavits must state facts showing due diligence and why the evidence was not discovered, (People v. Ah Fan, 53 Cal. 741; State v. Davis, 6 Idaho, 159, '53 Pae. 678; Russel v. Dennison, 46 Cal. 337; People v. Miller, 33 Cal. 99; Arnald v. Slcaggs, 35 Cal. 386; Stoalces v. Monroe, 36 Cal. 383.) Insufficiency of the evidence to justify the verdict : In the motion the defendant does not attempt to…
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APPEAL from District Court, Bear Lake County. Newly discovered evidence: The affidavits must state facts showing due diligence and why the evidence was not discovered, (People v. Ah Fan, 53 Cal. 741; State v. Davis, 6 Idaho, 159, '53 Pae. 678; Russel v. Dennison, 46 Cal. 337; People v. Miller, 33 Cal. 99; Arnald v. Slcaggs, 35 Cal. 386; Stoalces v. Monroe, 36 Cal. 383.) Insufficiency of the evidence to justify the verdict : In the motion the defendant does not attempt to specify the grounds of insufficiency. (McCormick v. Brown, 36 Cal. 180, '95 Am. Dec. 170; Kelly v. Leachman, 3 Idaho, 629,…
1Opinion of the CourtStockslager, J.
This case is here for review on appeal from the district court of Bear Lake county. The record shows that on the second day of February, 1893, the defendants executed and delivered their promissory note to plaintiff, as cashier of the Bank of Montpelier, for the sum of $200, due in three months after its date. The note shows the following indorse-ments : “Sept. 1, paid $20.00.” “Paid on int. $12.00 by Strong, check dated Sept. 21, ’97, int. Dec. 14, ’97.” On the twenty-second day of August, 1899, plaintiff commenced his action in the district court of Bear Lake county against the defendants…
2Cases cited5 opinions
- Kelly v. LeachmanIdaho Supreme Court · 1893
- Lowe v. LongIdaho Supreme Court · 1896
- Law v. SpenceIdaho Supreme Court · 1897
- Sweetzer v. MellickIdaho Supreme Court · 1898
- State v. O'DonaldIdaho Supreme Court · 1895
3Cited by8 opinions
- Say v. HodginIdaho Supreme Court · 1911
- MacDonald v. OganIdaho Supreme Court · 1940
- Stone v. MatthiesIdaho Supreme Court · 1930
- Baillie v. City of WallaceIdaho Supreme Court · 1912
- Joseph v. DarrarIdaho Supreme Court · 1970
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