Johansen v. Looney
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action in assumpsit for money had and received. From a judgment for defendant, plaintiff appeals. The guaranty that “the right to trial by jury should remain inviolate” has no reference to equitable cases. (Christensen v. Hollingsworth, 6 Ida. 87, 96 Am.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action in assumpsit for money had and received. From a judgment for defendant, plaintiff appeals. The guaranty that “the right to trial by jury should remain inviolate” has no reference to equitable cases. (Christensen v. Hollingsworth, 6 Ida. 87, 96 Am. St. 256, 53 Pac. 211.) The right to a jury trial may be waived by any conduct or acquiescence inconsistent with the intention or expectation to insist upon it. (24 Cye. 154; MacKellar v. Rogers, 109 N. Y. 468, 17 N. E. 350; Boyd v. Boyd,…
1Opinion of the CourtBudge, C. J.
In 1905 appellant procured from respondent $6,500, for which he executed and delivered a warranty deed, conveying certain real estate, arid a bill of sale of certain personal property. The money thus procured was to be repaid according to stipulated terms. The appellant, however, failed to make the payments as agreed, and in 1907 another arrangement was made, whereby appellant executed and delivered to respondent, Looney, a quitclaim deed to said real estate, and the latter surrendered all claim or ownership in and to the personal property, after satisfying a certain chattel mortgage of $400…
2Cases cited7 opinions
- Bogk v. GassertSupreme Court of the United States · 1893
- Jordan v. Estate of WarnerWisconsin Supreme Court · 1900
- Wallace. v. JohnstoneSupreme Court of the United States · 1889
- Kent v. AgardWisconsin Supreme Court · 1869
- Yager v. Exchange National BankNebraska Supreme Court · 1897
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Anderson v. WhippleIdaho Supreme Court · 1951
- Durant v. SnyderIdaho Supreme Court · 1944
- Stone v. BradshawIdaho Supreme Court · 1942
- Rogers v. HendrixIdaho Supreme Court · 1968
- Smith v. ShinnIdaho Supreme Court · 1960
8 more not listed; retrieve them via the Exa API.