McElroy v. Whitney
Idaho Supreme Court
APPEAL from the District Court in and for Elmore County. Hon. Lyttleton Price, Judge. Plaintiff commenced his action for an accounting. Referee appointed and reported in favor of plaintiff. Report and findings adopted by the court and judgment rendered accordingly. Both plaintiff and defendant appeal. Where the court fails to find on all the material issues, the judgment must be reversed.
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APPEAL from the District Court in and for Elmore County. Hon. Lyttleton Price, Judge. Plaintiff commenced his action for an accounting. Referee appointed and reported in favor of plaintiff. Report and findings adopted by the court and judgment rendered accordingly. Both plaintiff and defendant appeal. Where the court fails to find on all the material issues, the judgment must be reversed. (Wood v. Broderson, ante, p. 190, 85 Pae. 490; Standley v. Flint, 10 Idaho,- 629, 79 Pae. 815.) In case of reference, the parties are entitled to a statement from the referee of all the items of account…
1OpinionAilshie, C. J.
A rehearing was granted in this case and it was again argued at the present term. The question dwelt upon and most strongly argued on the rehearing is, “the entire failure on the part of the referee and the court to furnish a statement of the items allowed and disallowed.” As may be observed from an examination of the former opinion in this case, the referee did not report a statement of account between the parties — he did not report the debits and credits or the items allowed and disallowed in favor of and against each party. The powers and duties of the referee in this case are measured by…
Also in this document: Concurrence.
2Cases cited7 opinions
- Gage v. ArndtIllinois Supreme Court · 1887
- Reed v. JonesWisconsin Supreme Court · 1862
- Murphy v. PattersonMontana Supreme Court · 1901
- Park v. MighellWashington Supreme Court · 1892
- Bradshaw v. MorseMontana Supreme Court · 1897
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