Chenowith v. Cameron
Idaho Supreme Court
APPEAL from District Court, Shoshone County. The refusal of the court to admit the testimony of Z. F. Chenoweth, the plaintiff below, who undertook to state to the jury that he was hired by George F. Hardesty, whom he recognized and knew as the deputy sheriff acting under the sheriff, Donald R. Cameron. The court held that Mr. Chenoweth could not testify to any transaction between himself and Mr. Hardesty, not having pleaded it; this was error on the part of the trial court.
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APPEAL from District Court, Shoshone County. The refusal of the court to admit the testimony of Z. F. Chenoweth, the plaintiff below, who undertook to state to the jury that he was hired by George F. Hardesty, whom he recognized and knew as the deputy sheriff acting under the sheriff, Donald R. Cameron. The court held that Mr. Chenoweth could not testify to any transaction between himself and Mr. Hardesty, not having pleaded it; this was error on the part of the trial court. It is especially maintainable under the law of pleading with reference to the sheriff and his deputy. (1 Esteems…
1Opinion of the CourtHuston, J.
This is an action brought by plaintiff against defendant, as sheriff of Shoshone county, to recover amount •alleged to be due to plaintiff for fees as keeper of certain property seized under attachment by the defendant as sheriff aforesaid. The property attached was the Custer Mill, situated in said Shoshone county. Writ of attachment was levied on May 1, 1893, and plaintiff was put in as keeper by one Hardesty, a deputy of defendant, at an agreed compensation of three dollars per day, and so remained in possession and charge of said property as keeper until June 30, 1894. During all this…
2Cited by2 opinions
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