Rich v. French
Idaho Supreme Court
APPEAL from District Court, Bear Lake County. If this is an action to quiet title it is fatally defective. It should contain or show the nature or extent of the plaintiff’s claim or title. (Bliss on Code Pleading, secs. 221, 225, 226.) It is insufficient in that it fails to aver want of notice of conveyance from plaintiff’s grantors to defendants. (Lawton v. Gordon, 34 Cal. 36, 91 Am.
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APPEAL from District Court, Bear Lake County. If this is an action to quiet title it is fatally defective. It should contain or show the nature or extent of the plaintiff’s claim or title. (Bliss on Code Pleading, secs. 221, 225, 226.) It is insufficient in that it fails to aver want of notice of conveyance from plaintiff’s grantors to defendants. (Lawton v. Gordon, 34 Cal. 36, 91 Am. Dec. 670.) It is insufficient, in that it fails to allege that due notice to quit was given prior to the commencement of this action. (3 Wait’s Actions and Defenses, 87; 1 Chitty on Pleading, *331; Eushnell v.…
1Opinion of the CourtSullivan, J.
This is an attemped appeal from the-judgment. Respondent moves to strike from the record appellants’ notice of “intention to move for a new trial,” also-the “notice of settlement of statement,” also the order of the-court below refusing to settle statement, also “statement on motion for new trial,” and “affidavits on motion for new trial,”' on the grounds (1) that no statement on motion for new trial was ever settled; (2) that no order was made by the court below either granting or refusing a new trial. Subdivision 2, section 4456, of the Revised Statutes of 1887, provides, in ease of this…
2Cited by4 opinions
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- Crowley v. Croesus Gold & Copper Mining Co.Idaho Supreme Court · 1906
- Freeburgh v. LamoureuxWyoming Supreme Court · 1903
- Weiser River Fruit Ass'n v. FelthamIdaho Supreme Court · 1918