Baird v. Gibberd
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action íór damages. Judgment for plaintiff. The court erred in instructing the jury that they might disregard entirely the testimony of any witness whom they believed had sworn falsely to any material fact, unless corroborated by testimony, facts or circumstances in evidence established to their satisfaction.
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APPEAL from tbe District Court of the Third Judicial District, for Ada County. Hon. Carl A. Davis, Judge. Action íór damages. Judgment for plaintiff. The court erred in instructing the jury that they might disregard entirely the testimony of any witness whom they believed had sworn falsely to any material fact, unless corroborated by testimony, facts or circumstances in evidence established to their satisfaction. The instruction says to the jury that such corroboration must be practically proof absolute, or otherwise they must disregard the testimony of the witness. (Ames v. Thren, 136 111.…
1Opinion of the CourtBudge, J.
In October, 1913, the respondent entered into a contract to purchase a tract of land in Owyhee county from one Doyle at $120 per acre, the total purchase price being $14,400. The deal was consummated by and through appellants. This action was commenced by respondent April 15, 1914. The second amended complaint, on which the action was tried, set forth two causes of action based upon alleged fraudulent representations of appellants. The first cause of action was to recover $20 per acre, or so much thereof as had then been paid, and to enjoin the collection of the balance unpaid over and above…
2Cases cited23 opinions
- Hamilton v. PeopleMichigan Supreme Court · 1874
- Minich v. PeopleSupreme Court of Colorado · 1885
- Wooddy v. Benton Water Co.Washington Supreme Court · 1909
- Crompton v. BeedleSupreme Court of Vermont · 1910
- Earl v. TupperSupreme Court of Vermont · 1873
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- State v. BrassfieldIdaho Supreme Court · 1925
- State v. AlvordIdaho Supreme Court · 1928
- Goody Ex Rel. Goody v. Maryland Casualty Co.Idaho Supreme Court · 1933
- State v. DavisIdaho Supreme Court · 1937
- State v. CacavasIdaho Supreme Court · 1935
11 more not listed; retrieve them via the Exa API.