Cceur d'Alene Lumber Co. v. Thompson
Court of Appeals for the Ninth Circuit
In Error to the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Action at law by O. J. Thompson against the Cceur d’Alene Dumber Company. Judgment for plaintiff, and defendant brings error. O. J. Thompson, the plaintiff in the court below, is a citizen of the state of Idaho.
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In Error to the District Court of the United States for the Northern Division of the District of Idaho; Frank S. Dietrich, Judge. Action at law by O. J. Thompson against the Cceur d’Alene Dumber Company. Judgment for plaintiff, and defendant brings error. O. J. Thompson, the plaintiff in the court below, is a citizen of the state of Idaho. The Cceur d’Alene Lumber Company, the defendant in the court below, is a corporation organized and existing under and by virtue of the laws of the state of Washington. In the complaint of the plaintiff, as originally filed, it was alleged that for some time…
1Opinion of the CourtMorrow, Circuit Judge
(after stating the facts as above).
[1] 1. The defendant has assigned as error the order of the trial judge overruling the demurrer interposed by it to the complaint of the plaintiff. By section 4228 of the Code of Civil Procedure of the state of Idaho, it is provided that “a demurrer is not waived by filing an answer at the same time.” It is contended that under this statute the filing of an answer in the United States court did not waive the objection to the complaint raised by the demurrer. The objection was that the complaint did not state facts sufficient to constitute a cause of action:…
2Cases cited14 opinions
- Railroad Co. v. StoutSupreme Court of the United States · 1874
- Union Pacific Railway Co. v. McDonaldSupreme Court of the United States · 1894
- Chapman v. BarneySupreme Court of the United States · 1889
- Mexican Central Railway Co. v. PinkneySupreme Court of the United States · 1893
- City of Shawnee v. CheekSupreme Court of Oklahoma · 1913
9 more not listed; retrieve them via the Exa API.
3Cited by30 opinions
- Limberhand v. Big Ditch Co.Montana Supreme Court · 1985
- Simmel v. New Jersey Coop Co.Supreme Court of New Jersey · 1958
- McGettigan v. National Bank of WashingtonCourt of Appeals for the D.C. Circuit · 1963
- Whipple v. American Fork Irrigation Co.Utah Supreme Court · 1996
- Sanchez v. East Contra Costa Irrigation Co.California Supreme Court · 1928
25 more not listed; retrieve them via the Exa API.