Kindall v. Lincoln Hardware & Implement Co.
Idaho Supreme Court
APPEAL from District Court of Idaho County. Honorable Edgar C. Steele, Judge. Application to amend answer and file cross-complaint denied by trial court. The case made, presented for adjudication and determination the rights of the appellant and the respondent to relief each against the other, on the allegations concerning the notes, whose execution was admitted, and concerning which the issue was as to payment. Plaintiff alleged payment; defendant denied it.
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APPEAL from District Court of Idaho County. Honorable Edgar C. Steele, Judge. Application to amend answer and file cross-complaint denied by trial court. The case made, presented for adjudication and determination the rights of the appellant and the respondent to relief each against the other, on the allegations concerning the notes, whose execution was admitted, and concerning which the issue was as to payment. Plaintiff alleged payment; defendant denied it. The court found with the defendant and appellant. The court also found the amount due. Having thus determined the issue, it was his…
1Opinion of the Court
SULLIVAN, C. J. —
This is an appeal from an order denying appellant’s motion to amend its answer and to file its cross-complaint and from the judgment. This case was before this court on appeal at its November, 1902, term, and the decision *16on that appeal is reported in 8 Idaho, 664, 70 Pac. 1056. On that appeal the judgment dismissing the action was reversed and the cause remanded for further proceedings. The cause again came on to be heard in the trial court on motion of counsel for plaintiff to have judgment entered in harmony with the opinion of this court, and before the judgment and…
Also in this document: Concurrence.
2Cases cited3 opinions
- Stevens v. Home Savings & Loan Ass'nIdaho Supreme Court · 1898
- Murphy v. Russell & Co.Idaho Supreme Court · 1901
- Kindall v. Lincoln Hardware & Implement Co.Idaho Supreme Court · 1902
3Cited by5 opinions
- Panhandle Lumber Co. v. RancourIdaho Supreme Court · 1913
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
- Claris v. Oregon Short Line R. R. Co.Idaho Supreme Court · 1934
- Dunbar v. GriffithsIdaho Supreme Court · 1908
- Harrison v. Russell & Co.Idaho Supreme Court · 1909