Lufkins v. Collins
Idaho Supreme Court
APPEAL from District Court, Alturas County. An erroneous instruction is not cured by another instruction upon tbe same subject, which is correct, unless the former is specifically withdrawn. {MacKey v. People, 2 Colo. 13; Murray v. Commonwealth, 79 Pa. St. 311; Rice v. dim, 79 Pa. St. 391; Toledo etc. R. Co. v. Shuckman, 50 Ind. 42; Thompson on Charging the Jury, sec. 69; Harrison v. Spring Valley etc.
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APPEAL from District Court, Alturas County. An erroneous instruction is not cured by another instruction upon tbe same subject, which is correct, unless the former is specifically withdrawn. {MacKey v. People, 2 Colo. 13; Murray v. Commonwealth, 79 Pa. St. 311; Rice v. dim, 79 Pa. St. 391; Toledo etc. R. Co. v. Shuckman, 50 Ind. 42; Thompson on Charging the Jury, sec. 69; Harrison v. Spring Valley etc. Co., 65 Cal. 376, 4 Pac. 381.) The giving of inconsistent instructions is error, for the reason that the jury will be as likely to follow the one as the other. {Henschen v. O’Bannon, 56 Mo.…
1Opinion of the CourtBuck, J.
This was an action of claim and delivery, tried at the June term of the district court, 1884. The action was brought to recover the possession of six mules, claimed to have been bought by plaintiff of Adams & Cunningham by bill of sale, dated November 22, 1882. The defendants claimed title to the property by virtue of a bill of sale from the same vendors, dated November 21, 1882. At the time the first bill of sale was executed and delivered to defendants, the property was in the care and custody of the plaintiff on the roadbed of the Oregon Short Line Bailroad, then being constructed. The…
Also in this document: Concurrence.
2Cases cited5 opinions
- Mackey v. PeopleSupreme Court of Colorado · 1873
- People v. CampbellCalifornia Supreme Court · 1866
- Dempsey v. GardnerMassachusetts Supreme Judicial Court · 1879
- How v. TaylorSupreme Court of Missouri · 1873
- Cofield v. ClarkSupreme Court of Colorado · 1873
3Cited by2 opinions
- Craig Ex Rel. Craig v. Village of MeridianIdaho Supreme Court · 1935
- Lufkins v. CollinsIdaho Supreme Court · 1886