Stover v. Stover
Idaho Supreme Court
APPEAL from District Court, Blaine County. A judgment herein could not be entered in respondent’s favor upon the pleadings. There is no cross-complaint herein.
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APPEAL from District Court, Blaine County. A judgment herein could not be entered in respondent’s favor upon the pleadings. There is no cross-complaint herein. The fact that a certain portion of the answer is entitled a cross-complaint, and affirmative relief is-asked, does not make it a cross-complaint, even if no objections are made to it. {Doyle v. Franklin, 40 Cal. 110; Shain v. Belvin, 79 Cal. 262, 21 Pae. 747; Brannan v. Paty, 58 Cal. 330; Mills v. Fletcher, 100 Cal. 142, 34 Pac. 637.) The decree should be set aside, because no findings of fact and conclusions of law were made by the…
1Opinion of the CourtHuston, C. J.
— Plaintiff brought action for divorce alleging as grounds therefor the cruel and inhuman treatment of her by defendant; also alleging adultery of defendant. Defendant answered, denying specifically all the allegations of the complaint, and alleging, by way of cross-complaint, the adultery of plaintiff. The case was tried by the court with a jury. The jury returned a special verdict, all the findings of which are in favor of the defendant and against the plaintiff. All that the record presents to this court is the com*495plaint, answer, findings of the jury; and the decree dissolving the bonds of…
2Cited by1 opinion
- Stover v. StoverIdaho Supreme Court · 1900