Idaho Placer Mining Co. v. Green
Idaho Supreme Court
APPEAL from the District Court of Seventh Judicial District for 'Washington County. Hon. Ed. L. Bryan, Judge. Action for debt. Judgment for plaintiff. Defendant appeals. “The power of the court to grant leave to amend extends to all the pleadings and proceedings in an action, including the prayer for relief, and whenever the desired amendment is in furtherance of justice it should be granted.”
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APPEAL from the District Court of Seventh Judicial District for 'Washington County. Hon. Ed. L. Bryan, Judge. Action for debt. Judgment for plaintiff. Defendant appeals. “The power of the court to grant leave to amend extends to all the pleadings and proceedings in an action, including the prayer for relief, and whenever the desired amendment is in furtherance of justice it should be granted.” (Moak’s Yan Santvoord’s Plead., 3d ed., 819; Fitman’s Trial Proe., see. 512; Eirstein v. Madden, 38 Cal. 158; Pierson v. Mc-Cahill, 22 Cal. 128; Farmers’ Nat. G. Bh. v. Stover, 60 Cal. 388; Burns v.…
1Opinion of the CourtStewart, J.
By this action the plaintiff sues to recover the sum of $4,000, alleging that there came into the hands of the defendant the sum of $10,000, funds of the Idaho Placer Mining Company, the assignor of the plaintiff, and that of said sum the defendant expended the sum of $6,000 in building and erecting a certain dredge, and in purchasing tools and supplies; and that of said sum the defendant still has in his hands $4,000, for which he has failed and refused to account to the plaintiff. This complaint was filed in the district court of Washington county on April 12,1906. On July 23, 1906, the…
2Cases cited11 opinions
- Emeric v. AlvaradoCalifornia Supreme Court · 1891
- McIntyre v. Ajax Mining Co.Utah Supreme Court · 1899
- Small v. HarringtonIdaho Supreme Court · 1904
- Mills Novelty Co. v. DunbarIdaho Supreme Court · 1906
- Walling v. BownIdaho Supreme Court · 1903
6 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- M. Snower & Co. v. United StatesCourt of Appeals for the Seventh Circuit · 1944
- McDonough v. National Hospital Ass'nOregon Supreme Court · 1930
- Olson v. Idaho Department of Water ResourcesIdaho Supreme Court · 1983
- Cady v. KellerIdaho Supreme Court · 1916
- Havlick v. DavidsonIdaho Supreme Court · 1909
12 more not listed; retrieve them via the Exa API.