Griffith v. Montandon
Idaho Supreme Court
APPEAL from order of District Judge for Alturas County. It is a rule of pleading that a fact affirmed by one and denied by the other, the burden of proof shifts on the affirmant; otherwise he must fail.
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APPEAL from order of District Judge for Alturas County. It is a rule of pleading that a fact affirmed by one and denied by the other, the burden of proof shifts on the affirmant; otherwise he must fail. (Story’s Equity Pleading, see. 875; Code, secs. 4183, 4217.) Plaintiff’s affidavit on best knowledge and belief, without facts showing whereon such information was obtained or belief grounded, opposed by positive affidavit on facts therein stated, not only offsets but nullifies plaintiff’s affidavit, and is clothed with a prima facie proof as entitles defendant to prevail. (Kelly v. Jackson, 6…
1Opinion of the CourtSullivan, J.
This is an appeal from an order of the trial judge taxing costs. The plaintiff filed his memorandum of costs, duly verified by his attorney, whereby it was shown that his total necessary costs and disbursements amounted to $356.80. Thereafter the defendant (who is the appellant here) moved to tax said costs. Said motion was heard by the judge, and said costs reduced from $356.80 to $249. From said order taxing costs, this appeal is taken.
The following is an itemized memorandum of the costs as allowed by said order:
Elisor’s fees.................................$ 14 40
Clerk’s fees, including…
2Cases cited1 opinion
- Fanning v. LevistonCalifornia Supreme Court · 1892
3Cited by14 opinions
- Sloane v. HammondCalifornia Court of Appeal · 1927
- Bechtel v. EvansIdaho Supreme Court · 1904
- I. X. L. Stores Co. v. MoonUtah Supreme Court · 1916
- Coffin v. Northwestern Mutual Fire Ass'nIdaho Supreme Court · 1926
- Whitaker v. MoranCalifornia Court of Appeal · 1914
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