Smith v. Rader
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to enforce liability of corporate directors. Demurrer to complaint sustained and judgment of dismissal entered.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Action to enforce liability of corporate directors. Demurrer to complaint sustained and judgment of dismissal entered. “Under the provisions of sec. 4168, Rev. Codes, no particular form of complaint is required, but a statement of the facts constituting the cause of action in ordinary and concise language is sufficient, and the plaintiff can be sent out of court only when upon the facts pleaded he is entitled to no relief either at law or in equity.” (Ponda v. Eagle, 28 Ida. 60, 152…
1Opinion of the CourtMorgan, J.
This is an action by appellant, a minority stockholder of Idaho State Building, Loan & Savings Association, Ltd., a corporation, against respondents, who are directors thereof. Respondents’ motion to strike portions of the complaint was granted in part, and their demurrer, on the ground that not sufficient facts were stated to constitute á *425cause of action, was sustained. Thereafter judgment of dismissal was entered from which this appeal is taken.
The motion to strike, so far as it was granted, was well taken. The remaining allegations of the complaint charge that the respondents, being at the…
2Cases cited25 opinions
- Wallace v. Lincoln Savings BankTennessee Supreme Court · 1891
- Kavanaugh v. . Commonwealth Trust Co.New York Court of Appeals · 1905
- Grain v. AldrichCalifornia Supreme Court · 1869
- Cates v. L. C. Sparkman & Wise County Coal Co.Texas Supreme Court · 1889
- Valley Lumber & Manufacturing Co. v. DriesselIdaho Supreme Court · 1907
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3Cited by10 opinions
- Kroese v. General Steel Castings CorporationCourt of Appeals for the Third Circuit · 1950
- Schlieff v. BistlineIdaho Supreme Court · 1932
- Smith v. ShinnIdaho Supreme Court · 1960
- Morton v. Morton Realty Co.Idaho Supreme Court · 1925
- Casady v. ScottIdaho Supreme Court · 1924
5 more not listed; retrieve them via the Exa API.