Welch v. Bigger
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Twin Falls County. Hon. C. O. Stockslager, Judge. Action to quiet title to certain real estate. Judgment for the plaintiff. A motion for judgment on the pleadings admits the truth of all the allegations of the answer and cross-complaint. It also admits the untruth of all the allegations in the complaint, which defendants have denied. (Mills Novelty Go. v. Dunbar, 11 Ida. 671, 83 Pae. 932; Idaho Placer Min.
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APPEAL from the District Court of the Fourth Judicial District for Twin Falls County. Hon. C. O. Stockslager, Judge. Action to quiet title to certain real estate. Judgment for the plaintiff. A motion for judgment on the pleadings admits the truth of all the allegations of the answer and cross-complaint. It also admits the untruth of all the allegations in the complaint, which defendants have denied. (Mills Novelty Go. v. Dunbar, 11 Ida. 671, 83 Pae. 932; Idaho Placer Min. Go. v. Green, 14 Ida. 249, 93 Pac. 954.) An averment in an answer to the contrary of what is alleged in the complaint is…
1Opinion
ON PETITION FOR REHEARING.
SULLIVAN, J.
A petition for rehearing has been filed in this case and upon an examination of it the' court is fully satisfied that it made -an error in its former ruling in the original opinion in holding that there was no reversible error in the record.
The plaintiff claimed $1,000 as damages, which damages were unliquidated, and the trial court, without taking any evidence whatever in regard to the damages sustained by the plaintiff, entered judgment in his favor for the sum of $999, evidently holding that a denial in the answer to the effect that the plaintiff had…
2Cases cited4 opinions
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
- Shattuc v. McArthurU.S. Circuit Court for the District of Eastern Missouri · 1885
- Parke v. WardnerIdaho Supreme Court · 1887
- Heilner v. BrownIdaho Supreme Court · 1887