Webster v. Oregon Short Line Railway
Idaho Supreme Court
APPEAL from District Court, Bear Lake County. The defendant below, having complied with the provisions of section 2653 of the Revised Statutes of Idaho, as approved by the decision of this court in the case of Easley v. New Zealand Ins.
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APPEAL from District Court, Bear Lake County. The defendant below, having complied with the provisions of section 2653 of the Revised Statutes of Idaho, as approved by the decision of this court in the case of Easley v. New Zealand Ins. Go., 4 Idaho, 205, 38 Pae. 405, was of the opinion, and is now, that the county in which the action was commenced was not the proper county for the trial thereof, and that under the provisions of section 4124 of the Revised Statutes of Idaho, it might, by filing a demurrer and an affidavit of merits at the time of appearing, also demand in writing that the…
1Opinion of the CourtQuarles, J.
— This action was commenced by the plaintiff in the justice’s court in and for Montpelier, in Bear Lake *313county, before G-. C. Hilliex, J. P., to recover damages for the negligent killing of three head of horses, in the sum of $100. The defendant demurred to the complaint, and filed with its demurrer an affidavit of merits, in which affidavit it is also made to appear that the defendant is a foreign corporation doing business in this state, having its principal place of business in this state, in Bannock county, and that it has, by writing filed with the Secretary of State of the state of…
2Cases cited1 opinion
- Easley v. New Zealand InsuranceIdaho Supreme Court · 1894
3Cited by3 opinions
- Boyer v. Northern Pacific Railway Co.Idaho Supreme Court · 1901
- American Surety Co. v. District Court of Third Judicial DistrictIdaho Supreme Court · 1927
- Rowe v. StevensIdaho Supreme Court · 1913