United States v. Alexander
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. If an allegation can be made tbe subject of a material issue, it should not be stricken out. (Green v. Palmer, 15 Cal. 412, 76 Am. Dee. 492.) The plaintiff demurred in general terms. Either all or no part of the answer should have been stricken out on his demurrer.
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APPEAL from District Court, Nez Perces County. If an allegation can be made tbe subject of a material issue, it should not be stricken out. (Green v. Palmer, 15 Cal. 412, 76 Am. Dee. 492.) The plaintiff demurred in general terms. Either all or no part of the answer should have been stricken out on his demurrer. (Perrier v. Perrier, 64 Cal. 23, 27 Pac. 960.) If a complaint contains several counts, and the defendant demur to the whole complaint, the demurrer should be overruled, if there is one good count in the complaint, although the other counts may be bad. (Stoddard v. Treadwell, 26 Cal.…
1Opinion of the CourtBroderick, J.
This action was commenced against the sureties on the official bond of Isaac N. Hibbs, late postmaster at Lewiston, to recover the sum of $10,000, alleged to have been' received from the United States by said Hibbs, as postmaster, and which he failed and refused to account for. The complaint is in the usual form, is not verified, but a copy of the bond is annexed thereto, and made a part of the complaint. The cause was tried at the December, 1886, term of said court, and resulted in a judgment against the defendants for the sum de*389manded. Tbe defendants moved for a new trial. Tbe motion was…
2Cases cited6 opinions
- Scotland County v. HillSupreme Court of the United States · 1884
- Wilson v. NoonanWisconsin Supreme Court · 1874
- Bradbury v. Idaho & Oregon Land Improvement Co.Idaho Supreme Court · 1886
- Lattimer v. RyanCalifornia Supreme Court · 1862
- People v. EnglishCalifornia Supreme Court · 1877
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3Cited by14 opinions
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- Eastern Idaho Loan & Trust Co. v. BlombergIdaho Supreme Court · 1941
- C. I. T. Corporation v. ElliottIdaho Supreme Court · 1945
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