Johnson v. Manning
Idaho Supreme Court
APPEAL from District Court, Kootenai County. "Where an answer contains a denial of any material allegations in the complaint, it is error for the court to render judgment on the pleadings. Such denial raises an important and material issue, which must be tried like any other issue. (Hicks v. Lovell, 64 Cal. 14, 49 Am.
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APPEAL from District Court, Kootenai County. "Where an answer contains a denial of any material allegations in the complaint, it is error for the court to render judgment on the pleadings. Such denial raises an important and material issue, which must be tried like any other issue. (Hicks v. Lovell, 64 Cal. 14, 49 Am. Eep. 679, 27 Pac. 942; Frost v. More, 40 Cal. 347; Nucid v. Thompson, 34 Cal. 47; Siler v. Jewett, 33 Cal. 92; Iieich v. Mining Co., 3 Htah, 254, 2 Pac. 703; Miles v. McCallan, 1 Ariz. 491, 3 Pae. 610.) A verdict, to serve as a basis for a judgment, must be complete and certain;…
1Opinion of the CourtSullivan, C. J.
This is an action upon a replevin bond. The complaint alleges that one Lindley commenced an action in the probate court of Kootenai county against the respondent to recover posession of two certain horses, or, in case the possession could not be had, their value, alleged to be $300. That the appellants herein executed the undertaking required by the statute in such cases. That after filing said undertaking the said horses were delivered to said Lindley, and were thereafter deEvered by Lindley to the appellants. That thereafter the court proceeded to try said action with a jury, and the jury…
2Cases cited9 opinions
- Hicks v. LovellCalifornia Supreme Court · 1883
- Warner v. DarrowCalifornia Supreme Court · 1891
- Nudd v. ThompsonCalifornia Supreme Court · 1867
- Prost v. MoreCalifornia Supreme Court · 1870
- Schroeder v. SchmidtCalifornia Supreme Court · 1887
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Davenport v. BurkeIdaho Supreme Court · 1915
- Montana Cent. Ry. Co. v. MigeonU.S. Circuit Court for the District of Montana · 1895
- Richards v. StewartSupreme Court of Colorado · 1912
- Horton v. RobertSupreme Court of Puerto Rico · 1906