Legal Opinion

Houser v. Austin

Idaho Supreme Court

Decided March 3, 1886PublishedCited by 20 opinions

APPEAL from District Court, Alturas County. The court erred in submitting to the jury the special issues before the equitable issues in the action had been disposed of, and before the right of respondents to recover, or to any damages or relief had been determined.

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APPEAL from District Court, Alturas County. The court erred in submitting to the jury the special issues before the equitable issues in the action had been disposed of, and before the right of respondents to recover, or to any damages or relief had been determined. (Webber v. Marshal, 19 Cal. 457; Lestrade v. Barth, 19 Cal. 660, 671; Arguello v. Edinger, 10 Cal. 160; Harrisson v. Jeneau Bank, 17 Wis. 361; Estrada v. Murphy, 19 Cal. 249, 272, 273.) Courts of equity will not reform written instruments unless the mistake or fraud alleged is admitted or proved beyond a reasonable doubt. (2…

1Opinion of the CourtBuck, J.

On the fourth day of March, 1884, the plaintiffs filed their complaint herein, alleging that they were the owners as tenants in common of certain mining ground in Alturas county, Idaho territory, known as the “Elkhorn lode”; that on the third day of October, 1883, by an agreement in writing, .they authorized and licensed defendants ■ Austin and Ervin and one Grant to work and mine, and take and extract, ore from a certain portion thereof, particularly bounded and described in said agreement, upon terms expressed therein; that defendants Austin and Ervin commenced work thereon under said…

Also in this document: Concurrence.

2Cases cited17 opinions

  1. Steel v. Smelting Co.Supreme Court of the United States · 1882
  2. Brant v. Virginia Coal & Iron Co.Supreme Court of the United States · 1876
  3. Penziner v. West American Finance Co.California Supreme Court · 1937
  4. Hearne v. Marine InsuranceSupreme Court of the United States · 1874
  5. Lestrade v. BarthCalifornia Supreme Court · 1862

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3Cited by20 opinions

  1. Portneuf-Marsh Valley Irrigation Co. v. Portneuf Irrigating Co.Idaho Supreme Court · 1911
  2. State v. ConstantineWashington Supreme Court · 1908
  3. Collins v. ParkinsonIdaho Supreme Court · 1974
  4. Panhandle Lumber Co. v. RancourIdaho Supreme Court · 1913
  5. Paurley v. HarrisIdaho Supreme Court · 1956

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