Idaho Placer Mining Co. v. Green
Idaho Supreme Court
APPEAL from tbe District Court of Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Action in claim and delivery. Judgment for plaintiff. Defendant appeals. “A general denial puts in issue all the essential averments •of the complaint, puts the burden of proving them upon the plaintiff, and admits evidence by the defendant, (1) to controvert the plaintiff’s evidence, (2) to disprove his allegations, and (3) to prove other and inconsistent-.facts.
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APPEAL from tbe District Court of Seventh Judicial District for Washington County. Hon. Ed. L. Bryan, Judge. Action in claim and delivery. Judgment for plaintiff. Defendant appeals. “A general denial puts in issue all the essential averments •of the complaint, puts the burden of proving them upon the plaintiff, and admits evidence by the defendant, (1) to controvert the plaintiff’s evidence, (2) to disprove his allegations, and (3) to prove other and inconsistent-.facts. Under such denial, the defendant may prove his right to possession, or that he, as an officer, levied on the property at…
1Opinion of the CourtStewart, J.
-This is an action in claim and delivery. ‘The complaint is in the ordinary form and alleges ownership and a right of possession in the plaintiff to certain personal property. The defendant (appellant in this court) denied specifically the allegations of the complaint, and then filed what is denominated a further answer and defense. In this further answer and defense, the defendant set up the •organization of the Idaho Placer Mining Company, and an effort made to dissolve said company and reincorporate under •the title of The Idaho Placer Mining Company, Ltd. That during the existence of the…
2Cases cited8 opinions
- Summerville v. Stockton Milling Co.California Supreme Court · 1904
- Williams v. AsheCalifornia Supreme Court · 1896
- Gallick v. BordeauxMontana Supreme Court · 1899
- Douglas v. DouglasIdaho Supreme Court · 1895
- Jones v. McQueenUtah Supreme Court · 1896
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Estate of BrownIdaho Supreme Court · 1932
- Francis v. Guaranty State Bank of TexolaSupreme Court of Oklahoma · 1914
- Openshaw v. AdamsIdaho Supreme Court · 1968
- Schleiff v. McDonaldIdaho Supreme Court · 1925
- Larsen v. RobertsIdaho Supreme Court · 1919
1 more not listed; retrieve them via the Exa API.