Aulbach v. Dahler
Idaho Supreme Court
APPEAL from District Court, Shoshone County, on a rehearing of the motion to dismiss the appeal. “The rule that a party coming into court asserting one cause ■of action cannot recover on another and different one is ... . essential' to the orderly administration of justice and the protection of the rights of litigants. Lawyers could not safely •advise their clients, and parties would frequently be misled if •any other rule was admitted.”
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APPEAL from District Court, Shoshone County, on a rehearing of the motion to dismiss the appeal. “The rule that a party coming into court asserting one cause ■of action cannot recover on another and different one is ... . essential' to the orderly administration of justice and the protection of the rights of litigants. Lawyers could not safely •advise their clients, and parties would frequently be misled if •any other rule was admitted.” (Reed v. McConnell, 133 N. Y. 425, 31 N. E. 22; 2 Wait’s Practice, 285-289; Stephen’s Pleading, 251-255,262, 263; Bliss on Code Pleading, secs. 149, 150.)…
1Opinion of the CourtSullivan, J.
This is an action brought by Adam Aulbach against the Bank of Murray, a corporation organized under the laws of this state, Charles L. Dahler, and Charles Hussey. The complaint shows that said Dahler was the president of said bank, and owned two hundred and fifty shares of the capital stock of said bank, and that Charles Hussey was secretary of said corporation, and owned two hundred and forty-seven shares of said stock, that the total capital stock of said corporation consisted of five hundred shares, of the par value-of $100 each. Summons was served by publication, and defendant Dahler…
2Cases cited8 opinions
- Randall v. HunterCalifornia Supreme Court · 1886
- Coffin v. EdgingtonIdaho Supreme Court · 1890
- Boob v. HallCalifornia Supreme Court · 1895
- Jones v. QuantrellIdaho Supreme Court · 1886
- Essency v. EssencyWashington Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Nelson Bennett Co. v. Twin Falls Land & Water Co.Idaho Supreme Court · 1907
- Titiman v. Alamance Mining Co.Idaho Supreme Court · 1903
- Diamond Bank v. Van MeterIdaho Supreme Court · 1910
- Lind v. LambertIdaho Supreme Court · 1925
- Sonleitner v. McLarenIdaho Supreme Court · 1933
4 more not listed; retrieve them via the Exa API.