Legal Opinion

Richardson v. Ruddy

Idaho Supreme Court

Decided June 8, 1904PublishedCited by 8 opinions

APPEAL from District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Action for partition of real estate. Judgment for plaintiffs. This is a very peculiar case, and about the most charitable-thing to be said of the complaint is that it is “fearfully and wonderfully made.” The complaint was undoubtedly framed' on one theory, the case tried on another and decided on another.

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APPEAL from District Court of Nez Perce County. Honorable Edgar C. Steele, Judge. Action for partition of real estate. Judgment for plaintiffs. This is a very peculiar case, and about the most charitable-thing to be said of the complaint is that it is “fearfully and wonderfully made.” The complaint was undoubtedly framed' on one theory, the case tried on another and decided on another. The objection to the introduction of evidence should have been, sustained for the reason it was not shown by the complaint that, any act was ever done constituting Eichard Buddy a trustee, or how plaintiffs…

1Opinion of the Court

SULLIVAN, C. J. —

This is an action brought under the provisions of title 10, chapter 5 of the Revised Statutes of Idaho, for the partition of certain real estate lying in Idaho county, and to have the defendant, Richard Ruddy, declared trustee for the benefit of plaintiffs and defendants named in the complaint. It is alleged in the amended complaint that the plaintiff, Walker Richardson, and the defendants, Richard Ruddy, E. Conrad, C. E. Newton and A. A. Kincaid, acquired title as joint tenants to the real estate described in the complaint and that they are *156now in possession thereof. That…

2Cases cited1 opinion

  1. Clark v. City of San DiegoCalifornia Supreme Court · 1904

3Cited by8 opinions

  1. Fowler v. WoodSupreme Court of Kansas · 1906
  2. Rankin v. CaldwellIdaho Supreme Court · 1908
  3. Richardson v. RuddyIdaho Supreme Court · 1908
  4. State v. FlemingIdaho Supreme Court · 1910
  5. Storer v. HeitfeldIdaho Supreme Court · 1909

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