Shawver v. Shawver
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Suit for divorce. Judgment for defendant and plaintiff appealed.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Suit for divorce. Judgment for defendant and plaintiff appealed. The judgment is against the law, first because the court did not find on all the material issues raised by the pleadings and upon which evidence was introduced; second, because the plaintiff proved her ease by unimpeached and uncontradicted testimony and by a preponderance of the evidence, and had a legal right to a decree of divorce. (Sandstrom v. Smith, 12 Ida. 446, 86 Pac. 416; Franklin v. Franklin, 140 Cal. 607, 74 Pac.…
1Opinion of the CourtAilshie, C. J.
In this case the evidence is sufficient to support the findings. The findings in turn substantially comply with the requirements of the statute and cover all the material issues. (Sandstrom v. Smith, 12 Ida. 446, 86 Pac. 416; Brown v. Macey, 13 Ida. 451, 90 Pac. 339.) It was not necessary for the court to make findings on immaterial or collateral issues, or on any issue where a finding either way could not have affected or changed the judgment that was entered in the ease. (Wood v. Broderson, 12 Ida. 190, 85 Pac. 490; State v. Baird, 13 Ida. 126, 89 Pac. 298.)
The findings in this case are…
2Cases cited4 opinions
- Wood v. BrodersonIdaho Supreme Court · 1906
- Brown v. MaceyIdaho Supreme Court · 1907
- Sandstrom v. SmithIdaho Supreme Court · 1906
- State v. BairdIdaho Supreme Court · 1907
3Cited by5 opinions
- Barker v. McKellarIdaho Supreme Court · 1930
- Metzker v. LowtherIdaho Supreme Court · 1949
- Peoples v. WhitworthIdaho Supreme Court · 1925
- Wood v. WilliamsonIdaho Supreme Court · 1927
- Snyder v. BockIdaho Supreme Court · 1949