Hawkins v. Pocatello Water Co.
Idaho Supreme Court
APPEAL from District Court, Bingham County. As to variance between proof and pleading, see German Ins. Go. v. Fairbanh, 32 Neb. 750, 23 Am.
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APPEAL from District Court, Bingham County. As to variance between proof and pleading, see German Ins. Go. v. Fairbanh, 32 Neb. 750, 23 Am. St. Rep. 459, 49 N. W. 711; Robbins v. Barton, 50 Kan. 120, 31 Pac. 687; Whitney v. Pwrrington, 59 Cal. 36; Rich v. Davis, 4 Cal. 23; Stearns v. Martin, 4 Cal. 230. All intendments must be in favor of sustaining the judgments of courts of original jurisdiction, and to disturb such judgment it is not sufficient that error may have intervened, but it must, be affirmatively shown by the record. {Goodman v. Milling Co., 1 Idaho, 131; Lowe v. Turner, 1 Idaho,…
1Opinion of the CourtSullivan, J.
This action was brought by the respondent, to recover $1,842.25, alleged to be due upon contracts for certain work done and performed upon a certain ditch, designated as “Indian Ditch,” and for the further sum of $1,050, damages alleged to have been sustained by reason of appellant’s fail*768ure to perforin the conditions to be performed by it under one of said contracts. The cause was tried by the court with a jury, and a verdict and judgment rendered and entered in favor of respondent for the sum of $1,658.07. Thereafter the appellant interposed a motion for a new trial, which was denied by the…
2Cases cited1 opinion
- Lillienthal & Co. v. AndersonIdaho Supreme Court · 1877
3Cited by2 opinions
- Gumaer v. White Pine Lumber Co.Idaho Supreme Court · 1905
- Bonebrake v. TauerSupreme Court of Kansas · 1903