Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.

BICE, District Judge.

This ease has been before this court on appeal from an order granting a new trial. The decision is found in 52 Ida. 766, 22 Pac. (2d) 147. The facts were stated in the opinion on the former appeal and it is unnecessary to restate them here.

We shall consider assignments of error by the appellant, but not in the order in which they are set out in appellant’s brief.

Appellant contends that the cause of action set forth in the third amended complaint is not assignable and hence that plaintiff is not the real party in interest. Section 54-402, I. C. A., is as follows: “A thing…