Ludwig v. Ellis
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. An action for the''recovery of damages for false imprisonment. Judgment of nonsuit. If a complaint fails to set-forth material facts so that no cause of action is stated, but the Answer avers such facts, the omission in the complaint becomes immaterial, and the defect therein is cured by answer.
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APPEAL from the District Court of the Fifth Judicial District for Bannock County. Hon. Alfred Budge, Judge. An action for the''recovery of damages for false imprisonment. Judgment of nonsuit. If a complaint fails to set-forth material facts so that no cause of action is stated, but the Answer avers such facts, the omission in the complaint becomes immaterial, and the defect therein is cured by answer. (1 Sutherland on Pleading, sec. 361; State v. Timm, 6 Ida. 323, 55 Pac. 858; Ferrera v. Parke, 19 Or. 141, 23 Pac. 883; Shively v. Semi-Tropic Land & Water Co., 99 Cal. 259, 33 Pac. 848; Burns…
1Opinion of the CourtStewart, C. J.
This action was commenced by the appellant against the respondent for the purpose of recovering the sum of $5,000 damages for false imprisonment, and $260 special damages, sustained on October 24, 1910. Answer to the complaint was made by the defendant, putting in issue the allegations of the complaint and alleging the facts with reference to the arrest and imprisonment of the plaintiff. A jury was called to try the case, and at the conclusion of the evidence of the plaintiff a motion was made by the defendant for a nonsuit upon two grounds: First, that the evidence failed to establish a case…
2Cases cited8 opinions
- In re MoyerIdaho Supreme Court · 1906
- State v. ThumIdaho Supreme Court · 1898
- Maliniemi v. GronlundMichigan Supreme Court · 1892
- Aulbach v. DahlerIdaho Supreme Court · 1896
- Clark v. WinnCourt of Appeals of Texas · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- State v. RichardsonIdaho Supreme Court · 1973
- Helgeson Ex Rel. Helgeson v. PowellIdaho Supreme Court · 1934
- Griffin v. ClarkIdaho Supreme Court · 1935
- Bell v. StadlerIdaho Supreme Court · 1918
- Mole v. PayneIdaho Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.