Alspaugh v. Reid
Idaho Supreme Court
APPEAL from District Court, Nez Perces County.' All new matter in an answer is deemed controverted, and plaintiff can, on the trial, introduce evidence, either in denial or confession and avoidance of the new matter. Hence, a judgment cannot be rendered based on facts alleged in the answer without a trial.
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APPEAL from District Court, Nez Perces County.' All new matter in an answer is deemed controverted, and plaintiff can, on the trial, introduce evidence, either in denial or confession and avoidance of the new matter. Hence, a judgment cannot be rendered based on facts alleged in the answer without a trial. (Rev. Stats., sec. 4217; Curtis v. Sprague, 49 Cal. 301; Colton L. & W. Co. v. liaynor, 57 Cal. 588; Williams v. Dennison, 94 Cal. 540, 29 Pae. 946; Rankin v. Sisters of Mercy, 82 Cal. 88, 22 Pac. 1134-1136.) Plaintiff would have the right, either to deny the existence of the statutes of…
1Opinion of the CourtSullivan, C. J.
— This action was brought to recover on four promissory notes. A demurrer on the ground that the complaint did not state facts sufficient to constitute a cause of action was interposed, and overruled by the court. Thereupon an answer was filed admitting the execution of the promissory notes sued on, and averring that said notes had been fully'paid long prior to the commencement of this action. And also the answer avers that this action was barred by the provisions of section 4079 of the Revised Statutes of Idaho, and sets forth *225certain sections of the statute of North Carolina under which it…
2Cases cited5 opinions
- Colton Land & Water Co. v. RaynorCalifornia Supreme Court · 1881
- Curtiss v. SpragueCalifornia Supreme Court · 1874
- Luce v. ClarkeSupreme Court of Minnesota · 1892
- Rankin v. Sisters of MercyCalifornia Supreme Court · 1889
- Williams v. DennisonCalifornia Supreme Court · 1892
3Cited by5 opinions
- Davenport v. BurkeIdaho Supreme Court · 1915
- Chemung Mining Co. v. HanleyIdaho Supreme Court · 1904
- Idaho Placer Mining Co. v. GreenIdaho Supreme Court · 1908
- West v. TheisIdaho Supreme Court · 1908
- Joseph v. DarrarIdaho Supreme Court · 1970