Chemung Mining Co. v. Hanley
Idaho Supreme Court
APPEAL from District Court of Sbosbone Comity. Honorable R. T. Morgan, Judge. Action to establish and enforce a trust. From a judgment on the pleadings in favor of defendant, plaintiff appeals. The court should have permitted the filing of the amended complaint.
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APPEAL from District Court of Sbosbone Comity. Honorable R. T. Morgan, Judge. Action to establish and enforce a trust. From a judgment on the pleadings in favor of defendant, plaintiff appeals. The court should have permitted the filing of the amended complaint. (Rev. Stats., secs. 4229, 4231.) Upon the application to amend, the objections thereto and the affidavits in support of the application and in support of the objections, and upon the original and proposed amended complaints and the answer, the court will determine the question as to whether the right to amend existed. Two questions of…
1Opinion of the CourtAilshie, J.
This was a suit in equity commenced by the Chemung Mining Company, a corporation, against Kennedy J. Hanley, charging him with having acquired an undivided one-eighth interest in the Skookum mine, as the agent of and in trust for the plaintiff, and seeking to have the trust established by proper judgment and decree. The complaint was filed on December 3, 1901, and summons was thereupon issued and served. On December 17, 1901, the defendant appeared and filed a demurrer charging that the facts pleaded were not sufficient to constitute a cause of action and also setting up the plea of the…
2Cases cited10 opinions
- Pleasant v. SamuelsCalifornia Supreme Court · 1896
- Wise v. WilliamsCalifornia Supreme Court · 1887
- Kelly v. LeachmanIdaho Supreme Court · 1893
- Wise v. HoganCalifornia Supreme Court · 1888
- State Ex Rel. Humboldt County v. BlossomNevada Supreme Court · 1894
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3Cited by19 opinions
- Despain v. DespainIdaho Supreme Court · 1956
- Anita T. Owens, and v. Raymond White, John C. McCarter Alfred Popma, and St. Lukes Hospital, a Corporation, AndCourt of Appeals for the Ninth Circuit · 1965
- Denton v. DetweilerIdaho Supreme Court · 1929
- West v. TheisIdaho Supreme Court · 1908
- Dern v. OlsenIdaho Supreme Court · 1910
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