Shurtliff v. Extension Ditch Co.
Idaho Supreme Court
APPEAL from the District Court of Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Action to recover damages for the permanent destruction of thirty acres of real estate. Judgment for plaintiff. A finding of fact should state the ultimate facts found with the same certainty and definiteness as would be required in a pleading. (Van Riper v. Baker, 44 Iowa, 450; Fanning v. Murphy, 126 Wis. 538, 110 Am.
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APPEAL from the District Court of Seventh Judicial District for Washington County. Hon. Frank J. Smith, Judge. Action to recover damages for the permanent destruction of thirty acres of real estate. Judgment for plaintiff. A finding of fact should state the ultimate facts found with the same certainty and definiteness as would be required in a pleading. (Van Riper v. Baker, 44 Iowa, 450; Fanning v. Murphy, 126 Wis. 538, 110 Am. St. Rep. 946, 105 N. W. 1056, 4 L. R. A., N. S., 666.) Findings of fact and conclusions of law must be separately .stated, signed and filed. (Secs. 4406, 4407, Rev.…
1Opinion of the CourtSullivan, J.
This is an action to recover damages alleged to have been sustained by the permanent destruction of about thirty acres of the respondent’s land by water from a waste-ditch alleged to be owned by the appellant. The action was tried by the court without a jury and judgment was rendered in favor of the respondent for $453.50. The appeal is from the judgment.
Respondent moves to strike from the transcript the bill of exceptions for the reason that it is not complete; that it is a skeleton bill of exceptions and was not signed by the trial judge after it was engrossed; that said bill of exceptions…
2Cases cited11 opinions
- Alabama Great Southern Railroad v. DobbsSupreme Court of Alabama · 1893
- Meaux v. MeauxCourt of Appeals of Kentucky · 1883
- Atchison & Nebraska Railroad v. WagnerSupreme Court of Kansas · 1877
- Garrott v. RatliffCourt of Appeals of Kentucky · 1885
- Hattabaugh v. VollmerIdaho Supreme Court · 1896
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Swanson v. StateIdaho Supreme Court · 1960
- Storer v. HeitfeldIdaho Supreme Court · 1909
- Brown v. BaxterSupreme Court of Kansas · 1908
- Koser v. HornbackIdaho Supreme Court · 1954
- Lesage v. Largey Lumber Co.Montana Supreme Court · 1935
9 more not listed; retrieve them via the Exa API.