Stricker v. Hillis
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for the County of Twin Falls. Hon. Edward A. Walters, Judge. Action by plaintiff against the defendant for damages caused by obstructing and closing up a publie highway, and to enjoin and restrain the defendants from continuing such acts. Judgment for the defendants and plaintiff appealed.
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APPEAL from the District Court of the Fourth Judicial District, for the County of Twin Falls. Hon. Edward A. Walters, Judge. Action by plaintiff against the defendant for damages caused by obstructing and closing up a publie highway, and to enjoin and restrain the defendants from continuing such acts. Judgment for the defendants and plaintiff appealed. The defendants, by their motion for nonsuit, “admit all the facts of which there is any evidence, and all the facts which the evidence tends to prove.” (Later v. Hayward, 12 Ida. 78, 85 Pac. 494.) By obstructing this road, Strieker is specially…
1Opinion of the Court
AILSHIE, J.-
— -This case was before this court at the January, 1909, term on the sufficiency of the allegations of the complaint.' The court held that the complaint stated a cause of action and that the demurrer should have been overruled. (Stricker v. Hillis, 15 Ida. 709, 99 Pac. 831.) The cause was remanded, with direction to the court to overrule the demurrer. After the case was remanded the plaintiff amended his complaint and added an additional allegation to the effect that prior to the close of the Boise-Kelton road on the east of plaintiff’s premises and residence, he had been running…
2Cases cited4 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Later v. HaywoodIdaho Supreme Court · 1906
- Milarkey v. FosterOregon Supreme Court · 1877
- Stricker v. HillisIdaho Supreme Court · 1909
3Cited by5 opinions
- Bopp v. City of SandpointIdaho Supreme Court · 1986
- Canady v. Coeur D'Alene Lumber Co.Idaho Supreme Court · 1911
- Evans v. Bannock CountyIdaho Supreme Court · 1938
- Mineau v. Imperial Dredge & Exploration Co.Idaho Supreme Court · 1911
- Bopp v. City of SandpointIdaho Supreme Court · 1986