Curtis v. Walling
Idaho Supreme Court
APPEAL from District Court, Ada County. After findings are filed, they cannot be reversed or different findings substituted. (Prince v. Lynch, 38 Cal. 528, 99 Am. Dec. 427, and note; Hayne on New Trial and Appeal, sec. 247.) After the report of the referee had been approved by the court, and judgment had been entered up accordingly, it was too late to amend the findings.
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APPEAL from District Court, Ada County. After findings are filed, they cannot be reversed or different findings substituted. (Prince v. Lynch, 38 Cal. 528, 99 Am. Dec. 427, and note; Hayne on New Trial and Appeal, sec. 247.) After the report of the referee had been approved by the court, and judgment had been entered up accordingly, it was too late to amend the findings. (Pico v. Sepulveda, 66 Cal. 336, 5 Pae. 515.) A judgment which is not what it should have been can be reformed only in a direct proceeding brought for that purpose. (Hobbs v. Duff, 43 Cal. 485.) When a judgment-roll contains…
1Opinion of the CourtBuck, J.
This is a suit in equity, brought by the plaintiff, claiming to be a cotenant in a certain water ditch, and praying for an accounting by his cotenant, the defendant. It was tried at the April term, 1887, of the district court in Ada county, second judicial district, and a decree entered adjudging the plaintiff to be the owner of one-fifth of said ditch. At the same term Jonas W. Brown was appointed referee to take an accounting between the plaintiff and defendant, and report *418his findings of fact and conclusions of law. At the October term, 1887, the report of the referee was filed and…
2Cases cited3 opinions
- Reynolds v. HarrisCalifornia Supreme Court · 1860
- Martin v. MatfieldCalifornia Supreme Court · 1874
- Bixby v. BentCalifornia Supreme Court · 1881
3Cited by7 opinions
- Bohn v. BohnCalifornia Supreme Court · 1913
- Seibel v. BathWyoming Supreme Court · 1895
- Ellis v. Twin Falls Canal Co.Idaho Supreme Court · 1985
- Caldwell v. WellsIdaho Supreme Court · 1909
- B. J. Carney & Co. v. MurphyIdaho Supreme Court · 1948
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