Scholtz v. American Surety Co.
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. F. Reddoch, Judge. Action upon a restraining order bond for attorney fees. Judgment for plaintiffs and order denying a motion for new trial.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. F. Reddoch, Judge. Action upon a restraining order bond for attorney fees. Judgment for plaintiffs and order denying a motion for new trial. The court erred in admitting evidence of attorneys’ services rendered for plaintiff in resisting the complaint in the main action, upon which this action is based, and in not confining such evidence to services rendered by plaintiffs’ attorneys in resisting the restraining order in said action alone. (Curtiss v. Bachman, 110 Cal. 433, 52 Am. St. Ill, 42 Pac. 910;…
1Opinion of the CourtBudge, J.
This action was brought by respondents, to recover $1,000 for attorneys’ fees incurred by them, upon a bond made and executed in that amount by appellant in the case of W. R. Hamilton v. The National Non-Partisan League et al., in the district court for Washington county.
The cause was tried to the court and a jury. Yerdict *210was rendered in respondents’ favor for $750, and judgment entered for said amount and costs. A motion for new trial was made and denied. This appeal is from the order denying the motion for new trial.
From the record it appears that on July 29, 1918, W. R. Hamilton brought…
Also in this document: Concurrence.
2Cases cited11 opinions
- Mitchell v. HawleyCalifornia Supreme Court · 1889
- Curtiss v. BachmanCalifornia Supreme Court · 1895
- Newton v. . RussellNew York Court of Appeals · 1882
- Wetzstein v. Boston & Montana Consolidated Copper & Silver Mining Co.Montana Supreme Court · 1901
- Donahue v. JohnsonWashington Supreme Court · 1894
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3Cited by6 opinions
- Rowland v. Kellogg Power & Water Co.Idaho Supreme Court · 1925
- Devine v. CluffIdaho Court of Appeals · 1986
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1939
- Idaho Gold Dredging Corp. v. Boise Payette Lumber Co.Idaho Supreme Court · 1941
- Davidson Grocery Co. v. United States Fidelity & Guaranty Co.Idaho Supreme Court · 1933
1 more not listed; retrieve them via the Exa API.