Shields v. Ruddy
Idaho Supreme Court
APPEAL from District Court, Latah County. After proof of the combination of the parties, the acts or declarations of one are evidence against the other. (Stovall v. Bank, 8 Smedes & M. 305, 47 Am. Dec. 85; Trimble v. Turner, 13 Smedes & M. 348, 53 Am. Dee. 93; Mamlock v. White, 20 Cal. 601; Beitenbach v. Beitenbach, 1 Bawle, 362, 18 Am.
Read the full summary
APPEAL from District Court, Latah County. After proof of the combination of the parties, the acts or declarations of one are evidence against the other. (Stovall v. Bank, 8 Smedes & M. 305, 47 Am. Dec. 85; Trimble v. Turner, 13 Smedes & M. 348, 53 Am. Dee. 93; Mamlock v. White, 20 Cal. 601; Beitenbach v. Beitenbach, 1 Bawle, 362, 18 Am. Dec. 640; 1 Greenleaf on Evidence, sec. 111.) In a suit against two or more defendants, admissions made by one of them cannot be excluded on motion of the other; the only remedy being to request a charge limiting the effect of their evidence. (Hair-grove v.…
1Opinion of the CourtHuston, J.
This is an action by the plaintiffs to recover $1,000 damages for the unlawful conversion by the defendants of wheat and barley upon which plaintiffs held a chattel mortgage. The complaint alleges the execution and delivery by the defendant' Davidson to the plaintiffs on the twenty-eighth day of January, 1890, of a certain chattel mortgage to secure the payment of certain promissory notes theretofore executed by said Davidson to the plaintiffs, and then owned and held by them. The chattel mortgage then covered the following described property, to wit: “The crop of wheat and barley that may be…
2Cases cited7 opinions
- Riehl v. Evansville Foundry Ass'nIndiana Supreme Court · 1885
- Stewart v. SeveranceSupreme Court of Missouri · 1869
- Reitenbach v. ReitenbachSupreme Court of Pennsylvania · 1828
- Pierce v. LangdonIdaho Supreme Court · 1891
- Murch v. SwensenSupreme Court of Minnesota · 1889
2 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- State v. BrooksIdaho Court of Appeals · 1982
- Isbell v. SletteMontana Supreme Court · 1916
- Twin Falls Bank & Trust Co. v. WeinbergIdaho Supreme Court · 1927
- Dovey v. LamCourt of Appeals of Kentucky · 1903
- Adams v. Caldwell Milling & Elevator Co.Idaho Supreme Court · 1921
4 more not listed; retrieve them via the Exa API.