Pence v. Sweeney
Idaho Supreme Court
APPEAL from District Court, Shoshone County. Equity will not permit litigation by piecemeal, but will determine the whole controversy, so as to prevent future litigation. (Chester v. Hill, 66 Cal. 484, 6 Pac. 132; Gross v. Zellerbach, 63 Cal. 643; Kraft v. De Forest, 53 Cal. 657; Quivey v. Baker,. 37 Cal. 472; Wilson v. Castro, 31 Cal. 421; McPherson v.t Parker, 30 Cal. 456, 89 Am.
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APPEAL from District Court, Shoshone County. Equity will not permit litigation by piecemeal, but will determine the whole controversy, so as to prevent future litigation. (Chester v. Hill, 66 Cal. 484, 6 Pac. 132; Gross v. Zellerbach, 63 Cal. 643; Kraft v. De Forest, 53 Cal. 657; Quivey v. Baker,. 37 Cal. 472; Wilson v. Castro, 31 Cal. 421; McPherson v.t Parker, 30 Cal. 456, 89 Am. Dee. 129.) A cognovit is good as an admission in pais after answer is filed, and can be put in evidence upon the trial. (Hirschfield v. Franklin, 6 Cal. 608.) A party’s answer in chancery is evidence against him by…
1Opinion of the CourtSullivan, C. J.
This is an appeal from a judgment and order dismissing appellants’ complaint and cause of action. The complaint alleges that on the twenty-first day of May, 1888, the plaintiffs were the owners of the Sitting Bull lode mining claim. ■ That the said claim was located by one J. A. Ward and John W. Sebring in the year 1885. That thereafter the said Sebring sold one-half of his interest in said claim, to wit, an undivided one-fourth, to one David Altizer, and thereafter said .persons owned their respective interests .therein as *183tenants in common. That, for the pujóse of developing said, mining…
2Cases cited5 opinions
- Quivey v. BakerCalifornia Supreme Court · 1869
- Dorland v. CunninghamCalifornia Supreme Court · 1885
- Gradwohl v. HarrisCalifornia Supreme Court · 1865
- Cross v. ZellerbachCalifornia Supreme Court · 1883
- Chester v. HillCalifornia Supreme Court · 1885
3Cited by5 opinions
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- Shurtliff v. Extension Ditch Co.Idaho Supreme Court · 1908
- Fidelity & Deposit Co. v. RedfieldCourt of Appeals for the Ninth Circuit · 1925
- Leavitt v. DeichmannSupreme Court of Oklahoma · 1911
- First National Bank v. Denbrae Sheep Co.Idaho Supreme Court · 1927