Caldwell v. Wells
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. Edward A. Walters, Judge. An action to foreclose a mechanic’s and materialman’s lien. Judgment for defendant. Plaintiff appeals. That “insufficiency in evidence to justify judgment”; that “judgment is against the evidence”; that “judgment is against law,” — are not grounds on which a new trial can be granted.
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APPEAL from the District Court of the Fourth Judicial District, for Elmore County. Hon. Edward A. Walters, Judge. An action to foreclose a mechanic’s and materialman’s lien. Judgment for defendant. Plaintiff appeals. That “insufficiency in evidence to justify judgment”; that “judgment is against the evidence”; that “judgment is against law,” — are not grounds on which a new trial can be granted. (Sec. 4439, Rev. Codes, 1909; Curtis v. Walling, 2 Ida. 416, 18 Pac. 54; Martin v. Matfield, 49 Cal. 42.)
1Opinion of the CourtStewart, J.
This is an action to foreclose a mechanic’s and materialman’s lien under the laws of this state. Upon the issues presented by the pleadings the court submitted certain interrogatories to a jury. The jury made answer to such interrogatories, and the answers were in favor of the defendant. The trial judge adopted the findings of the jury as the findings of' the court and entered judgment in favor of the respondent. A notice of intention to move for a new trial was served as follows:
“Take notice, that plaintiff, J. W. Caldweil, intends to move the above-named court to vacate and set aside the…
2Cases cited11 opinions
- Swift v. Occidental Mining & Petroleum Co.California Supreme Court · 1903
- Kaiser v. DaltoCalifornia Supreme Court · 1903
- Martin v. MatfieldCalifornia Supreme Court · 1874
- Polk v. BoggsCalifornia Supreme Court · 1898
- Boston Tunnel Co. v. McKenzieCalifornia Supreme Court · 1885
6 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Julien v. BarkerIdaho Supreme Court · 1954
- Stewart Mining Co. v. Ontario Mining Co.Idaho Supreme Court · 1913
- Marnella v. FromanIdaho Supreme Court · 1922
- Walton v. ClarkIdaho Supreme Court · 1924
- Blaine County Investment Co. v. MaysIdaho Supreme Court · 1932
7 more not listed; retrieve them via the Exa API.