Bellevue Water Co. v. City of Bellevue
Idaho Supreme Court
APPEAL from District Court, Logan County. A nonsuit must be justified upon appeal, if justified at all, upon the grounds stated in the motions, or at least this court will not affirm the judgment upon any ground that could have-been avoided at the trial by additional evidence, amendment of the pleadings, or in any other way, had it then been stated. (Mateer v. Brown, 1 Cal. 222, 52 Am.
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APPEAL from District Court, Logan County. A nonsuit must be justified upon appeal, if justified at all, upon the grounds stated in the motions, or at least this court will not affirm the judgment upon any ground that could have-been avoided at the trial by additional evidence, amendment of the pleadings, or in any other way, had it then been stated. (Mateer v. Brown, 1 Cal. 222, 52 Am. Dec. 303; Kiler v. Kim~ ball, 10 Cal. 268; Raymond v. Eldridge, 43 Cal. 506, 508; 1 Hayne on New Trial and Appeal, see. 116; People v. Banvard, 27 Cal. 474.) A statute or an ordinance may be a contract, and…
1Opinion of the Court
HUSTON, C. .J.
This is an appeal from a judgment of
nonsuit. 'The plaintiff sues the defendant municipal corporation upon an alleged contract or agreement to furnish said municipal corporation with water for fire purposes. The following facts appear from the record: The city of Bellevue was chartered by an act of the legislature of the territory of Idaho (February 8, 1883). Among the powers conferred upon said corporation by its charter is the following: “Sec. 10. To make regulations for the prevention of accidents by fire; to organize and establish fire departments and provide for the…
2Cases cited5 opinions
- Argenti v. City of San FranciscoCalifornia Supreme Court · 1860
- Moore v. . MayorNew York Court of Appeals · 1878
- City of East St. Louis v. East St. Louis Gas Light & Coke Co.Illinois Supreme Court · 1881
- Mateer v. BrownCalifornia Supreme Court · 1850
- Dodge v. City of Council BluffsSupreme Court of Iowa · 1881
3Cited by5 opinions
- Illinois Trust & Savings Bank v. City of Arkansas CityCourt of Appeals for the Eighth Circuit · 1896
- Brummitt v. Ogden Waterworks Co.Utah Supreme Court · 1908
- Dement v. City of CaldwellIdaho Supreme Court · 1912
- City of Pocatello v. MurrayDistrict Court, D. Idaho · 1913
- State v. LorangerIdaho Supreme Court · 2025