McCormick v. Smith
Idaho Supreme Court
'APPEAL from the District Court of the Sixth Judicial District for Lemhi County. Hon. J. M. Stevens, Judge. Action to recover assessments on the capital stock of a National Bank. Judgment for the plaintiff. “The court cannot incorporate any matter into the plea which the pleader has omitted, whether by accident or design.”
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'APPEAL from the District Court of the Sixth Judicial District for Lemhi County. Hon. J. M. Stevens, Judge. Action to recover assessments on the capital stock of a National Bank. Judgment for the plaintiff. “The court cannot incorporate any matter into the plea which the pleader has omitted, whether by accident or design.” (Hoag v. Warden, 37 Cal. 522.) “In construing pleadings before judgment, it is presumed the pleader has stated his case in the most favorable manner to himself possible.” (Smith v. Buttner, 90 Cal. 95, 27 Pae. 29; Jones v. Lathan, 70 Ala. 164; Supply Ditch Co. v. Elliott,…
1Opinion of the CourtSullivan, J.
— This action was brought to recover judgment against the defendant as administrator of the estate of John C. Sinclair, deceased, for the sum of $9,500 with interest, for an assessment levied on national bank stock.
It appears from the record that said deceased was a stockholder, and held ninety-five shares of the capital stock of the First National Bank of Salmon, which bank was doing a general banking business in Salmon City until about June 8, 1911, when it voluntarily suspended business; that thereafter, on August 8, 1911, the United States controller of the currency, who was in charge of…
2Cases cited8 opinions
- Claflin v. HousemanSupreme Court of the United States · 1876
- First Nat. Bank of Charlotte v. MorganSupreme Court of the United States · 1889
- Matteson v. DentSupreme Court of the United States · 1900
- Ordway v. Central National BankCourt of Appeals of Maryland · 1877
- Raisler v. Oliver & Co.Supreme Court of Alabama · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Miller v. ProutIdaho Supreme Court · 1921
- Stone v. BradshawIdaho Supreme Court · 1942
- Newport Water Co. v. KelloggIdaho Supreme Court · 1918
- State ex rel. Whitmore v. BarboglioUtah Supreme Court · 1924
- Nemeth v. Shoshone CountyIdaho Supreme Court · 2019
8 more not listed; retrieve them via the Exa API.