Bates v. Price
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action for money had and received. Judgment for plaintiff.
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APPEAL from the District Court of the First Judicial District, for Shoshone County. Hon. William W. Woods, Judge. Action for money had and received. Judgment for plaintiff. The district court acquired no jurisdiction to grant to the plaintiff a trial de novo, and the lack of jurisdiction in the district court can be raised at any time, and was not waived by a failure to object to the jurisdiction of the court by demurrer or answer; neither was it waived by proceeding to trial without objection. (Aram v. Edwards, 9 Ida. 333, 74 Pac. 961.) This court has had occasion to discuss the impropriety…
1Opinion of the CourtBudge, C. J.
This action was originally instituted and tried in the probate court of Shoshone county, where judgment was rendered in favor of the appellant. The case was then appealed to the district court and was there tried before *524a jury, resulting in a verdict and judgment for respondent. A motion for a new trial was denied, and this appeal is from the judgment and the order denying the motion for a new trial.
Respondent had been employed by Hollar & Plemmons, co-partners, engaged in the livery business at Kellogg, who were indebted to him for past services. One Barnhart and one Roberts were each…
2Cases cited11 opinions
- State v. O'NeilIdaho Supreme Court · 1913
- State v. HarnessIdaho Supreme Court · 1904
- Petajaniemi v. WashIngton Water Power Co.Idaho Supreme Court · 1912
- Powers v. Boise CityIdaho Supreme Court · 1912
- Goldstone v. RustemeyerIdaho Supreme Court · 1912
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Baldwin v. EwingIdaho Supreme Court · 1949
- Cogswell v. C. C. Anderson Stores Co.Idaho Supreme Court · 1948
- Stewart v. the City of Idaho FallsIdaho Supreme Court · 1940
- Drainage District No. 2 v. Extension Ditch Co.Idaho Supreme Court · 1919
- Downing v. PanataIdaho Supreme Court · 1920
3 more not listed; retrieve them via the Exa API.