Legal Opinion

Fouch v. Bates

Idaho Supreme Court

Decided June 27, 1910PublishedCited by 17 opinions

APPEAL from tbe District Court -of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action for an accounting and to quiet title. Judgment for the plaintiff. “A judgment must be supported- by the verdict or findings in the case, and a judgment which goes beyond the verdict is erroneous.” (11 Ency. of PI. & Pr. 904, par. 10; Richards v. Scott, 7 Ida. 726, 65 Pac. 433; Butte Electric By.

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APPEAL from tbe District Court -of the Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. Action for an accounting and to quiet title. Judgment for the plaintiff. “A judgment must be supported- by the verdict or findings in the case, and a judgment which goes beyond the verdict is erroneous.” (11 Ency. of PI. & Pr. 904, par. 10; Richards v. Scott, 7 Ida. 726, 65 Pac. 433; Butte Electric By. Go. v. Matthews, 34 Mont. 487, 87 Pae. 460; Bowman v. Ayres, 2 Ida. 305, 13 Pae. 346; Wuchwmna Waiter Go. v. Eagle, 148 Gal. 759, 84 Pac. 162; Barren v. Barren, 25 Utah, 87, 95 Am. St.…

1Opinion of the CourtSullivan, C. J.

This action was brought for an accounting and to quiet title to certain real estate described in the complaint. After alleging the porporate existence of the Parma State Bank, the complaint ¡ alleges that on or about the 31st of August, 1895, the plaintiff conveyed to the defendant Bates, in trust, certain real estate (describing it as per government survey), excepting a tract thereof alleged to have been conveyed to one James B. Mansell, comprising about one acre; also excepting a part of said land conveyed to the Oregon Short Line Railway Co. comprising about one acre; that at the time the…

2Cases cited3 opinions

  1. Miller v. LucoCalifornia Supreme Court · 1889
  2. Taylor v. Central Pacific RailroadCalifornia Supreme Court · 1885
  3. Walker v. BremCalifornia Supreme Court · 1885

3Cited by17 opinions

  1. Donaldson v. DonaldsonIdaho Supreme Court · 1917
  2. Brown v. HardinIdaho Supreme Court · 1917
  3. Evans v. EvansIdaho Supreme Court · 1969
  4. Stewart v. StewartIdaho Supreme Court · 1919
  5. Jackson v. Blue Flame Gas CompanyIdaho Supreme Court · 1966

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