Richardson v. Bohney
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for the County of Fremont. Hon. James M. Stevens, Judge. Action by plaintiff for damages and an injunction to restrain defendants from removing hay, fences, wire, and posts from certain lands. Judgment for plaintiff and defendants appeal.
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APPEAL from the District Court of the Sixth Judicial District, for the County of Fremont. Hon. James M. Stevens, Judge. Action by plaintiff for damages and an injunction to restrain defendants from removing hay, fences, wire, and posts from certain lands. Judgment for plaintiff and defendants appeal. When public land has been surveyed by authority of the United States, and patented with reference to the boundaries as fixed by such surveys, the corners and lines so established, whether correct or not, are conclusive, and cannot be altered and controlled by other surveys. (Billingsley v. Bates,…
1Opinion of the CourtSullivan, J.
The unsatisfactory condition of the record in this case as well as the uncertainty of the evidence it discloses convinces us that the ends of justice can be more satisfactorily and effectively met by ordering a new trial than by affirming the judgment in the condition in which the case comes before us. We have consequently concluded that a reversal of the judgment should be ordered and a new trial granted.
In doing so it is only necessary to make the following observations : In the first place, we do not think there was any error in overruling the demurrer.
In the second place, the effort of…
2Cases cited3 opinions
- Bayhouse v. UrquidesIdaho Supreme Court · 1909
- Martz v. WilliamsIllinois Supreme Court · 1873
- Bingham County Agricultural Ass'n v. RogersIdaho Supreme Court · 1900
3Cited by6 opinions
- Rich v. BurdickIdaho Supreme Court · 1961
- Patterson v. ChaneyNew Mexico Supreme Court · 1918
- Wing v. WallaceIdaho Supreme Court · 1926
- Nutterville v. McLamIdaho Supreme Court · 1961
- Jones v. StaufferIdaho Supreme Court · 1930
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