Davenport v. Burke
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. John M. Flynn, Judge. Action for the cancellation of certain contracts to purchase mining claims, and for the possession thereof; that defendant be enjoined from interfering with plaintiffs’ possession.
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. John M. Flynn, Judge. Action for the cancellation of certain contracts to purchase mining claims, and for the possession thereof; that defendant be enjoined from interfering with plaintiffs’ possession. When a party moves for a judgment on the pleadings he not only admits the truth of all of the allegations of the answer, but he also admits the untruth of all of the allegations of his complaint which the defendant has by his answer1 denied. (Wading v. Botun, 9 Ida. 184, 72 Pac. 960; Mills Novelty Co. v.…
1Opinion of the CourtBudge, J.
— This is an action brought in the district court of the first judicial district for Shoshone county, to cancel two certain contracts for the purchase of mining claims here-' inafter referred to, and to declare said contracts null and void and not a cloud upon plaintiffs’ title, and for the pos■session and right to the possession of said mining claims as against the defendant.
The rulings of the trial court in this case were upon issues of law raised on the pleadings. We have therefore concluded that it will not be necessary to set out in full all of the allegations of the complaint, the…
2Cases cited11 opinions
- Hicks v. LovellCalifornia Supreme Court · 1883
- Mills Novelty Co. v. DunbarIdaho Supreme Court · 1906
- Walling v. BownIdaho Supreme Court · 1903
- De Courcey v. CoxCalifornia Supreme Court · 1892
- Idaho Mercantile Co. v. KalanquinIdaho Supreme Court · 1901
6 more not listed; retrieve them via the Exa API.
3Cited by23 opinions
- Sterling v. BloomIdaho Supreme Court · 1986
- Koch v. ElkinsIdaho Supreme Court · 1950
- Lytle v. Payette-Oregon Slope Irrigation DistrictOregon Supreme Court · 1944
- Davenport v. BurkeIdaho Supreme Court · 1917
- Jones v. City of St. MariesIdaho Supreme Court · 1986
18 more not listed; retrieve them via the Exa API.