Culver v. Kehl
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. An action to recover a debt. Motion for nonsuit should be denied unless the evidence wholly fails to show a right of recovery. (Small v. Harrington, 10 Ida. 499, 79 Pac. 461; Idaho Comstock M. & M. Co. v. Lundstrom, 9 Ida. 257, 74 Pac. 975; York v. Pacific & N. Ry.
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APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. John M. Flynn, Judge. An action to recover a debt. Motion for nonsuit should be denied unless the evidence wholly fails to show a right of recovery. (Small v. Harrington, 10 Ida. 499, 79 Pac. 461; Idaho Comstock M. & M. Co. v. Lundstrom, 9 Ida. 257, 74 Pac. 975; York v. Pacific & N. Ry. Co., 8 Ida. 574, 69 Pac. 1042.) The nonsuit should be denied when there is any evidence tending to sustain plaintiff’s case, without passing on the question of the sufficiency of the evidence. (Felton v. Millard, 81 Cal.…
1Opinion of the CourtStewart, C. J.
This is an action brought by the plaintiff to recover from the defendant the sum of $800. Two causes of action are stated. The first to recover upon a claim for $300 alleged to have been assigned to the plaintiff by one R. C. Sims; the second to recover the sum of $500 alleged to be due for breach of contract in the sale of certain scrip alleged to have been made by plaintiff to defendant. ’ The answer puts in issue every material allegation of the complaint.
A jury was called to try the case and the plaintiff offered his proof in support of the allegations of the complaint, and at the close…
2Cases cited5 opinions
- Pilmer v. Boise Traction Co.Idaho Supreme Court · 1908
- Later v. HaywoodIdaho Supreme Court · 1906
- Allen v. Phoenix Assurance Co.Idaho Supreme Court · 1906
- Mineau v. Imperial Dredge & Exploration Co.Idaho Supreme Court · 1911
- Colvin v. LyonsIdaho Supreme Court · 1908
3Cited by12 opinions
- Donovan v. Boise CityIdaho Supreme Court · 1918
- Marshall v. GilsterIdaho Supreme Court · 1921
- Newman v. Great Shoshone & Twin Falls Water Power Co.Idaho Supreme Court · 1916
- Carver v. KetchumIdaho Supreme Court · 1933
- Schleiff v. McDonaldIdaho Supreme Court · 1923
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