Dunbar v. Griffiths
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for the County of Canyon. Hon. Frank J. Smith, Judge. Action by the plaintiff to quiet title to a .certain tract of real estate. Judgment for the plaintiff and defendant appealed. Under sec. 4228, Rev. Stat., and under the code system of pleading in general, the defendant is entitled to amend the answer once as a right, and without first obtaining leave of the court.
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APPEAL from the District Court of the Seventh Judicial District for the County of Canyon. Hon. Frank J. Smith, Judge. Action by the plaintiff to quiet title to a .certain tract of real estate. Judgment for the plaintiff and defendant appealed. Under sec. 4228, Rev. Stat., and under the code system of pleading in general, the defendant is entitled to amend the answer once as a right, and without first obtaining leave of the court. This section is identical with sec. 472 of Deer-ing’s Code of Civil Procedure of California, which had been so construed at the time our section was enacted. (Elder…
1Opinion of the CourtAilshie, C. J.
This appeal is from the judgment and .•an order denying a motion for a new trial. The action is one to quiet title. Plaintiff’s complaint is-in the usual form, .alleging fee simple title and exclusive right of possession. Defendant answered denying plaintiff’s title and right of possession and alleged title and exclusive possession and right of possession in himself. The cause was tried on an .amended complaint, which appears to have been filed on September 2, 1904. The answer was filed on February 7, 1905. 'So far as the record is concerned, the case appears to have rested without any…
2Cases cited5 opinions
- Kroetch v. Empire Mill Co.Idaho Supreme Court · 1903
- Murphy v. Russell & Co.Idaho Supreme Court · 1901
- Hedges v. DamCalifornia Supreme Court · 1887
- Spooner v. CadyCalifornia Supreme Court · 1894
- Kindall v. Lincoln Hardware & Implement Co.Idaho Supreme Court · 1904
3Cited by11 opinions
- Durant v. SnyderIdaho Supreme Court · 1944
- Mole v. PayneIdaho Supreme Court · 1924
- Panhandle Lumber Co. v. RancourIdaho Supreme Court · 1913
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
- Hill v. BiceIdaho Supreme Court · 1943
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