Kelly v. Leachman
Idaho Supreme Court
APPEAL from District Court of Nez Perces County. This is an action to foreclose a mortgage. On the twenty-sixth day of July, A. D. 1883, S. S. Leachman, defendant, gave M. A. Kelly, plaintiff, a deed to certain real estate described therein. This deed was absolute on its face.
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APPEAL from District Court of Nez Perces County. This is an action to foreclose a mortgage. On the twenty-sixth day of July, A. D. 1883, S. S. Leachman, defendant, gave M. A. Kelly, plaintiff, a deed to certain real estate described therein. This deed was absolute on its face. On the same day the plaintiff, M. A. Kelly, and S. S. Leachman, defendant, entered into an agreement, by the terms of which the said Leachman was permitted to repurchase said land'by paying to said Kelly the amount named in said deed as the consideration therefor, with interest thereon at the rate of one and one-half…
1Opinion of the CourtMorgan, J.
(After Stating the Facts.) — The plaintiff assigns two errors: First, the court erred in refusing to strike out the second demurrer. Section 4228 of the Revised Statutes of Idaho provides that any pleading may be amended once by the' party, of course, and without costs, at any time before answer or demurrer filed, or after demurrer, and before trial of the issue of law thereon. A demurrer is a pleading, and may be-amended. Again, the court had the right to permit a second demurrer to be filed. This demurrer was filed without permission. Having been placed on file, the court could permit it to…
2Cases cited14 opinions
- Bank of Columbia v. OkelySupreme Court of the United States · 1819
- Biddel v. BrizzolaraCalifornia Supreme Court · 1883
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- Barron v. KennedyCalifornia Supreme Court · 1861
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- Dern v. OlsenIdaho Supreme Court · 1910
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