Jones v. St. John Irrigating Co.
Idaho Supreme Court
APPEAL from District Court, Oneida County. Plaintiff was entitled to judgment upon the pleadings, as the answer is evasive and raised no issue. (Code Civ. Proc., sec. 237, subd. 2, see. 259; Higgins v. Wortell, 18 Cal. 330; Fitch v. Bunch, 30 Cal. 208; Kuhland v. Sedgwick, 17 Cal. 123; Boll v. Good, 38 Cal. 287; Norris v. Glenn, 1 Idaho, 590.) No proof of damages was required -as no issue was made upon that point.
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APPEAL from District Court, Oneida County. Plaintiff was entitled to judgment upon the pleadings, as the answer is evasive and raised no issue. (Code Civ. Proc., sec. 237, subd. 2, see. 259; Higgins v. Wortell, 18 Cal. 330; Fitch v. Bunch, 30 Cal. 208; Kuhland v. Sedgwick, 17 Cal. 123; Boll v. Good, 38 Cal. 287; Norris v. Glenn, 1 Idaho, 590.) No proof of damages was required -as no issue was made upon that point. Defendant undertakes to deny the character of the act, and does not deny the act itself. Such denials have always been held to be bad. (Patterson v. Fly, 19 Cal. 28; Huston This is…
1Opinion of the CourtPrickett, J.
This action was commenced in the district court of Oneida county, by the filing of a complaint therein September 12, 1883. The object of the action was to recover, as damages, the sum of $1,000, alleged to have been sustained by the plaintiff by reason of the diversion by defendant of water from plaintiff’s premises, to which he alleges he was entitled for irrigation. The amended answer of the defendant denies that it at any time diverted any water from the stream named to which plaintiff was entitled, and denies that plaintiff has been injured by the defendant in the sum of $1,000, or any…
2Cases cited3 opinions
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3Cited by45 opinions
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