McCornick v. Friedman
Idaho Supreme Court
APPEAL from District Court, Blaine County. When the record fails to affirmatively show that findings of fact were not waived the presumption is that they were waived. (Parker v. Beagle, 4 Idaho, 453, 40 Pac. 61.) The statute permits the waiver of findings. They are not jurisdictional.
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APPEAL from District Court, Blaine County. When the record fails to affirmatively show that findings of fact were not waived the presumption is that they were waived. (Parker v. Beagle, 4 Idaho, 453, 40 Pac. 61.) The statute permits the waiver of findings. They are not jurisdictional. (Rev. Stats. 1887, sec. 4408; Richardson v. Eureka, 110 Cal. 446, 42 Pac. 965; Campbell v. Cobum, 77 Cal. 36, 18 Pac. 860; Mulcalvy v. Glazier, 51 Cal. 626; People v. Forbes, 51 Cal. 628; Reynolds v. Brumagimj 54 Cal. 254; Glenn v. Arnold, 56 Cal. 631; Weeks v. Mining Go., 73 Cal. 60S, 15 Pae. 302; In re…
1Opinion of the CourtQuarles, C. J.
This is an action in ejectment to recover-certain real estate. Upon the trial the plaintiff, who is appellant here, offered in evidence the judgment-roll in an action commenced by the Salt Lake Milling and Elevator Company against, S. M. Freidman, one of the defendants in this action, in which action the plaintiff recovered judgment for the sum of $1,321.03,. with costs taxed at fifty-two dollars and fifty-five cents, December 7, 1893. Upon this judgment an execution was issued on, *688December 5, 1895, and levied upon said property, and after due advertisement the sheriff of Blaine county sold…
Also in this document: Concurrence.
2Cases cited4 opinions
- Bunnell & Eno Investment Co. v. CurtisIdaho Supreme Court · 1897
- Hazard v. ColeIdaho Supreme Court · 1869
- Dickey v. GibsonCalifornia Supreme Court · 1898
- Parker v. BeagleIdaho Supreme Court · 1895
3Cited by2 opinions
- Daniels v. IshamIdaho Supreme Court · 1925
- Ruthruff v. RuthruffIdaho Supreme Court · 1932