Harkness v. Hyde
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. R. M. Terrell, Judge. Action for damages. Appeal from a judgment of dismissal. On demurrer to the complaint all facts well pleaded in the complaint are admitted. (Northern Pacific Ry. Co. v. Clear-water County, 26 Ida. 455, 144 Pac. 1.) Where a complaint states any cause of action that will put the defendant on his defense, the demurrer should be overruled.
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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. R. M. Terrell, Judge. Action for damages. Appeal from a judgment of dismissal. On demurrer to the complaint all facts well pleaded in the complaint are admitted. (Northern Pacific Ry. Co. v. Clear-water County, 26 Ida. 455, 144 Pac. 1.) Where a complaint states any cause of action that will put the defendant on his defense, the demurrer should be overruled. (Village of Sandpoint v. Doyle, 11 Ida. 642, 83 Pac. 598, 4 L. R. A., N. S., 810.) The judge of any inferior court is liable in damages for any act…
1Opinion of the Court
COWEN, District Judge.
The amended complaint in this action alleges, among other things, that the respondent, Wm. A. Hyde, is and was at all times mentioned therein the probate judge of Bannock county, Idaho, and that the respondent, United States Fidelity & Guaranty Company, was the surety upon his bond and liable as such for his official acts; that the respondent, George E. Mabey, is and was the sheriff of said Bannock county at all times mentioned in the amended complaint, and the respondents, National Surety Company and Fidelity & Deposit Company, were the sureties *787upon his bond and liable…
2Cases cited8 opinions
- Batchelder v. MooreCalifornia Supreme Court · 1871
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- Herdman v. StateNebraska Supreme Court · 1898
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3Cited by11 opinions
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- Pomeranz v. ClassSupreme Court of Colorado · 1927
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