Legal Opinion

Marrs v. Oregon Short Line Railroad

Idaho Supreme Court

Decided May 21, 1921PublishedCited by 9 opinions

APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. H. F. Ensign, Judge. Action to recover wages, attorney fees and statutory penalty. Judgment for plaintiff.

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APPEAL from the District Court of the Fourth Judicial District, for Lincoln County. Hon. H. F. Ensign, Judge. Action to recover wages, attorney fees and statutory penalty. Judgment for plaintiff. A defendant is denied due process of law, contrary to the provisions of the 14th amendment to the constitution of the United States, where he is. penalized either in attorney’s fees or additional wages under color of chap. 170, p. 565, Sess. .Laws 1911, for refusing to pay an excessive demand. (St. Louis Iron Mountain etc. By. Co. v. Wynne, 224 U. S. 354, 32 Sup. Ct. 493, 56 L. ed. 799, 42 L. R. A.,…

1Opinion of the CourtRice, C. J.

Respondent recovered judgment against appellant for the sum of $107.53 and $50 attorney fees in an action instituted to recover for wages as an employee. On January 17, 1918, respondent made written demand for $33.90. Appellant admitted in its answer that there was due respondent $24.01. By stipulation it was agreed that the actual amount due was $23.91. It seems to be conceded that at the time the written demand wás made, the payment for wages was due. ‘The remainder of the judgment was given for time after respondent ceased to work for appellant until suit was brought, during which he was…

2Cases cited11 opinions

  1. Gulf, Colorado & Santa Fé Railway Co. v. EllisSupreme Court of the United States · 1897
  2. Seaboard Air Line Railway v. SeegersSupreme Court of the United States · 1907
  3. Chicago, Milwaukee & St. Paul Railway Co. v. PoltSupreme Court of the United States · 1914
  4. Pacific Mutual Life Insurance v. CarterSupreme Court of Arkansas · 1909
  5. St. Louis, Iron Mountain & Southern Railway Co. v. WynneSupreme Court of the United States · 1912

6 more not listed; retrieve them via the Exa API.

3Cited by9 opinions

  1. Bakker v. Thunder Spring-Wareham, LLCIdaho Supreme Court · 2005
  2. Polk v. LarrabeeIdaho Supreme Court · 2000
  3. Fish v. FleishmanIdaho Supreme Court · 1964
  4. St. John v. O'REILLYIdaho Supreme Court · 1958
  5. Gano v. Air Idaho, Inc.Idaho Supreme Court · 1978

4 more not listed; retrieve them via the Exa API.

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