Sweeney v. Johnson
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial •District for Twin Falls County. Hon. Edward A. Walters, Judge. Action to foreclose a mechanic’s lien. Judgment for plaintiff. Defendant appealed. A statement in an exhibit filed with and made a part of a pleading cannot supply a necessary allegation omitted therefrom. (Altemus v. Asher, 24 Ky. Law Rep. 2416, 74 S. W. 245; Hawkins v. Nicholas Co., 28 Ky.
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APPEAL from the District Court of the Fourth Judicial •District for Twin Falls County. Hon. Edward A. Walters, Judge. Action to foreclose a mechanic’s lien. Judgment for plaintiff. Defendant appealed. A statement in an exhibit filed with and made a part of a pleading cannot supply a necessary allegation omitted therefrom. (Altemus v. Asher, 24 Ky. Law Rep. 2416, 74 S. W. 245; Hawkins v. Nicholas Co., 28 Ky. Law Rep. 479, 89 S. W. 484; Aiders v. Smiley, 11 CaL-App. 343, 104 Pae. 997; Miller v. Miller, 63 Iowa, 387-/T9 N. W. 251; McPherson v. Hattich, 10 Ariz. 104, 85 Pae. 731.) Matters of…
1Opinion of the CourtAilshie, C. J.
— The only queSfiap^to be determined on this appeal is the effect of pleading ávjmtten instrument by setting it out and attaching it to the cokiplaint as an exhibit. This action was instituted to foreclose^ mechanic’s lien. The plaintiff attached a copy of his claim eslíen to the complaint as an exhibit. Earagraph 4 of .the complaint alleges that on the 19th day of October, 1910, the plainti# duly filed, as required by law, his claim of lien for the amount due and owing plaintiff, and this is followed by a statement of the general purport of the claim and the fact that it w#s recorded, and…
2Cases cited9 opinions
- Lambert v. HaskellCalifornia Supreme Court · 1889
- Burkett v. GriffithCalifornia Supreme Court · 1891
- Mayor of Los Angeles v. SignoretCalifornia Supreme Court · 1875
- Union Sewer Pipe Co. v. OlsonSupreme Court of Minnesota · 1901
- C. Aultman & Co. v. SiglingerSouth Dakota Supreme Court · 1892
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3Cited by9 opinions
- Abercrombie v. StoddardIdaho Supreme Court · 1924
- Hoy v. AndersonIdaho Supreme Court · 1924
- Clegg v. EustaceIdaho Supreme Court · 1925
- Schultz v. Rose Lake Lumber Co.Idaho Supreme Court · 1915
- Jeffery v. OuldhouseIdaho Supreme Court · 1938
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