Grey v. Cederholm
Idaho Supreme Court
APPEAL from District Court, Alturas County. No brief on file. The only question that can be considered here is, Did the district court err in refusing to hear the case de novo upon questions of fact or to hear argument of counsel upon the questions of law raised by the demurrer? Under the provisions of section 666 of the Code of Civil Procedure, a statement must be adopted or settled by the justice or judge, which, with a copy of the docket and all motions filed and the…
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APPEAL from District Court, Alturas County. No brief on file. The only question that can be considered here is, Did the district court err in refusing to hear the case de novo upon questions of fact or to hear argument of counsel upon the questions of law raised by the demurrer? Under the provisions of section 666 of the Code of Civil Procedure, a statement must be adopted or settled by the justice or judge, which, with a copy of the docket and all motions filed and the notice of appeal, constitute the papers to be used on the hearing of the appeal before the district court. It is clear from…
1Opinion of the CourtMorgan, C. J.
This case was commenced in the probate court of Alturas county, by filing a complaint on the twenty-seventh day of November, A. D. 1882. The next day summons was issued and made returnable December 3, 1882, and was so returned, served on defendants. On the return-day the defendants, by their attorneys, Messrs. Kingsbury & McGowan, appeared specially in said cause, and filed their motion to set aside and quash proceedings for reasons stated therein. This motion was overruled by the probate court. Thereupon a demurrer to plaintiffs complaint was filed by defendants. It does not appear from the…
2Cases cited2 opinions
- Barrett v. GarraganSupreme Court of Iowa · 1864
- Wright v. FletcherSupreme Court of Vermont · 1840
3Cited by13 opinions
- Durant v. ComegysIdaho Supreme Court · 1891
- Dalton v. AbercrombieIdaho Supreme Court · 1922
- Santti v. HartmanIdaho Supreme Court · 1916
- Hodgins v. HarrisIdaho Supreme Court · 1895
- State v. FrenchMissouri Court of Appeals · 1906
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