Shields v. Johnson
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Plaintiff sues for damages and verdict rendered in his favor. Defendant appeals from the order overruling a motion for a nonsuit and the judgment.
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APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Plaintiff sues for damages and verdict rendered in his favor. Defendant appeals from the order overruling a motion for a nonsuit and the judgment. A party will not be permitted to bring his action to quiet title against a defendant and allege damages, then upon the trial of the cause dismiss his damage, and immediately thereafter file another action for damages and injunction. As the former case is res adjudicata, the party will be estopped from bringing a second cause of action in…
1Opinion of the CourtStockslager, C. J.
For a statement of the entire history of this case and some of the facts important here, see Shields v. Johnson, 10 Idaho, 476, 79 Pac. 391; also, 10 Idaho, 454, 79 Pac. 394. It will be observed by a reference to these two decisions that the parties to this litigation have not been idle so far as the courts are concerned since their first business acquaintance out of which the cause now before us has ripened. It is correctly stated by learned counsel for appellants that the first action was commenced in the district court of Latah county on the twenty-fourth day of April, 1904, by respondent *331a…
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