Sebree v. Smith
Idaho Supreme Court
APPEAL from District Court, Alturas County. Any implied admission of liability in an offer to settle a suit cannot be given in evidence against the party making the offer. (Marsh v. Gold, 2 Pick. 290; Laurence v. Hopkins, 13 Johns. 288; Rideout v. Newton> 17 N. H. 71; Perkins v. Bail-road Go., 44 N. H. 223; Gerrish v. Sweetser, 4 Pick. 374; Batchelder v. Batchelder, 2 Allen, 105; Saunders v. McCarthy, 8 A lieu, 42; Harrington v. Lincoln, 4 Gray, 563, 64 Am.
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APPEAL from District Court, Alturas County. Any implied admission of liability in an offer to settle a suit cannot be given in evidence against the party making the offer. (Marsh v. Gold, 2 Pick. 290; Laurence v. Hopkins, 13 Johns. 288; Rideout v. Newton> 17 N. H. 71; Perkins v. Bail-road Go., 44 N. H. 223; Gerrish v. Sweetser, 4 Pick. 374; Batchelder v. Batchelder, 2 Allen, 105; Saunders v. McCarthy, 8 A lieu, 42; Harrington v. Lincoln, 4 Gray, 563, 64 Am. Dec. 95; Gay v. Bates, 99 Mass. 263; Durgin v. Somers, 117 Mass. 55.) Even where the offer is made under the statute, and admits as a…
1Opinion of the CourtBuck, J.
Action of replevin brought to recover two mules. Originally there were two actions, one for each mule, but they were consolidated on the trial by the consent of parties. The action was commenced in the probate court of Alturas county, and thence taken by appeal to the district court. It was tried in the district court, at the June term thereof, 1887, and judgment rendered for the defendant. Motion for a new trial was made and overruled, and an appeal taken to this court from the judgment and from the order overruling the motion for a new trial. The appeal from the order overruling the motion…
2Cases cited6 opinions
- Home Insurance v. Baltimore Warehouse Co.Supreme Court of the United States · 1876
- Alger v. MerrittSupreme Court of Iowa · 1864
- Marvin v. RichmondNew York Supreme Court · 1846
- Barker v. BushnellIllinois Supreme Court · 1874
- Connolly v. StrawWisconsin Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Erwin M. Jennings Co. v. DiGenovaSupreme Court of Connecticut · 1928
- Thomas v. CareySupreme Court of Colorado · 1899
- Ocala Foundry & Machine Works v. LesterSupreme Court of Florida · 1905
- Branom v. Smith Frozen Foods of Idaho, Inc.Idaho Supreme Court · 1961
- Swaringen v. SwanstromIdaho Supreme Court · 1946
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