Later v. Haywood
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District for the County of Eremont. Hon. J. M. Stevens, Judge. Action by the plaintiffs to declare a deed a mortgage. Judgment for defendant. Plaintiffs appeal.
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APPEAL from the District Court of the Sixth Judicial District for the County of Eremont. Hon. J. M. Stevens, Judge. Action by the plaintiffs to declare a deed a mortgage. Judgment for defendant. Plaintiffs appeal. The question as to plaintiff’s right to object to the sufficiency of the evidence to support the findings and to have such objections reviewed and considered was directly raised, and was squarely before this court on the former appeal of this ease, as were the fifty-five alleged errors of the trial court and the sufficiency of the findings to support the judgment. The questions…
1Opinion of the CourtAilshie, J.
This is an appeal from a judgment. The only assignment of error is that the evidence is insufficient to justify or sustain the findings and judgment of the court.
This action has been here twice before; first on an appeal from a judgment of nonsuit (12 Ida. 78, 85 Pac. 494), and again on an appeal from the judgment and order denying a motion for a new trial. (14 Ida. 45, 93 Pae. 374.) On the latter appeal the judgment was reversed and the ease was remanded, with directions to the trial court to make new findings covering all the issues in the ease, these findings to be based upon the evidence…
2Cases cited5 opinions
- Later v. HaywoodIdaho Supreme Court · 1906
- Morrow v. MatthewIdaho Supreme Court · 1904
- Stuart v. HauserIdaho Supreme Court · 1903
- Robbins v. PorterIdaho Supreme Court · 1906
- Later v. HaywoodIdaho Supreme Court · 1908
3Cited by7 opinions
- De Cloedt v. De CloedtIdaho Supreme Court · 1913
- In Re MacKenzieIdaho Supreme Court · 1935
- Eaves v. SheppardIdaho Supreme Court · 1909
- United States Building & Loan Ass'n v. FranceIdaho Supreme Court · 1937
- Whitney v. WoodmanseeIdaho Supreme Court · 1909
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