Walling v. Bown
Idaho Supreme Court
APPEAL from District Court iu and for Elmore County. Honorable Lyttleton Price, Judge. Action by plaintiff for statutory damages. Judgment for plaintiff and defendant appeals.
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APPEAL from District Court iu and for Elmore County. Honorable Lyttleton Price, Judge. Action by plaintiff for statutory damages. Judgment for plaintiff and defendant appeals. The rule of stare decisis, as we understand it, is as follows: Where a court of final resort has laid down a rule which becomes a law of property and under which property rights have been acquired, it ought not, except upon grave consideration, to change that rule in any subsequent action to the injury of any person who has relied upon it and acquired rights under it. (Parke v. Boulware et al., ante, p. 225, 73 Pac.…
1Opinion of the CourtAilshie, J.
This case was here for consideration once before (Walling v. Bown, ante, p. 184, 72 Pac. 960), and was remanded for further proceedings in accordance with the views there expressed. After the remittitw was sent down the plaintiff was allowed to file an amended complaint, to which the defendant demurred. The demurrer was overruled and defendant failed to answer or make any further appearance, and such further proceedings were had on the part of the plaintiff, that, thereafter, a judgment was duly entered in favor of plaintiff. Defendant has appealed from the judgment which brings up the…
2Cases cited5 opinions
- Fisher v. Horicon Iron & Man. Co.Wisconsin Supreme Court · 1860
- People ex rel. Attorney General v. Alturas CountyIdaho Supreme Court · 1899
- Sweet v. BallentyneIdaho Supreme Court · 1902
- Sifers v. JohnsonIdaho Supreme Court · 1901
- Walling v. BownIdaho Supreme Court · 1903
3Cited by21 opinions
- Herald Publishing Co. v. BillSupreme Court of Connecticut · 1955
- Hamby v. McDanielTennessee Supreme Court · 1977
- Scott v. GossettIdaho Supreme Court · 1945
- Bethke v. Idaho Sav. & Loan AssociationIdaho Supreme Court · 1969
- In Re CalvoNevada Supreme Court · 1927
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