Hays v. Crutcher
Idaho Supreme Court
APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Action to recover an official bond. Nonsuit granted at close of plaintiff’s evidence, and judgment entered dismissing the action. cites no authorities upon the point decided; What is before the court on this appeal? Counsel for appellant has in his brief argued the case upon the testimony, and the testimony is set forth in the transcript.
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APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Action to recover an official bond. Nonsuit granted at close of plaintiff’s evidence, and judgment entered dismissing the action. cites no authorities upon the point decided; What is before the court on this appeal? Counsel for appellant has in his brief argued the case upon the testimony, and the testimony is set forth in the transcript. (Folios 52-104.) This testimony, we urge,' is not properly before the court and we have moved to strike it from the transcript. A compulsory judgment of .nonsuit rendered on…
1Opinion of the Court
Per CURIAM. —
This is an appeal from the judgment alone and under section 4818, Revised Statutes, brings up the judgment-roll and all bills of exceptions or any statement of the case upon which the appellant relies. The transcript in this case contains the pleadings, judgment and notice of appeal; also what purports to be a certified copy of the judgment-roll from the circuit court of the United States, within and for the district of Idaho, in the ease of the United States v. James I. Crutcher et al., and the motion made by the defendants in this *262case for a nonsuit. At the hearing in this case…
2Cases cited2 opinions
- Meinert v. SnowIdaho Supreme Court · 1891
- Van Meter v. SquibbIdaho Supreme Court · 1903