Froman v. Madden
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Frank J. Smith, Judge. Action in ejectment. Judgment for the defendant. Plaintiff moved for a new trial and the motion was granted. Defendant appealed from the judgment and order granting a new trial.
Read the full summary
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Frank J. Smith, Judge. Action in ejectment. Judgment for the defendant. Plaintiff moved for a new trial and the motion was granted. Defendant appealed from the judgment and order granting a new trial. The plaintiff was obliged to allege and prove in this action for ejectment three things to entitle him to the verdict and judgment: 1. The right of possession in plaintiff at the time the action was begun; 2. Prior possession in the plaintiff; 3. Ouster of plaintiff by defendant. (McMasters v. Torsen, 5…
1Opinion of the CourtAilshie, C. J.
This is an action in ejectment. The case was tried before the court with a jury and a verdict was returned in favor of the defendant, whereupon judgment was entered accordingly. Plaintiff moved for a new trial and the motion was allowed and a new trial granted. The defendant appealed from the order. The evidence in the case is very brief, and contains but slight, if any, material conflict. The essential and undisputed facts material to be considered in this case are as follows, as disclosed by the record presented on this appeal:
The defendant, Ada F. Madden, purchased of the Caldwell Land…
2Cases cited8 opinions
- Payne & Dewey v. TreadwellCalifornia Supreme Court · 1860
- Foorman v. WallaceCalifornia Supreme Court · 1888
- Polack v. McGrathCalifornia Supreme Court · 1867
- Eastwood v. Standard Mines & Milling Co.Idaho Supreme Court · 1905
- Leland v. IsenbeckIdaho Supreme Court · 1873
3 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Langroise v. BeckerIdaho Supreme Court · 1974
- Stockmen's Supply Co. v. JenneIdaho Supreme Court · 1951
- Porter v. Title Guaranty & Surety Co.Idaho Supreme Court · 1909
- Harris v. ReedIdaho Supreme Court · 1912
- Benz v. D.L. Evans BankIdaho Supreme Court · 2012
14 more not listed; retrieve them via the Exa API.