Legal Opinion

First National Bank v. Bews

Idaho Supreme Court

Decided December 31, 1892PublishedCited by 8 opinions

APPEAL from District Court, Alturas County. Plaintiff, not demurring to new matter in the answer, is deemed to have denied it. (Code, sec. 4217; Williams v. Dennison, 94 Cal. 540, 29 Pae. 946.) A plea in abatement is waived by pleading to the merits. (Railroad Co. v. Harris, 12 Wall. 65; Bell v. Railroad Co., 4 Wall. 598.) A pleading to the merits admits the capacity to sue.

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APPEAL from District Court, Alturas County. Plaintiff, not demurring to new matter in the answer, is deemed to have denied it. (Code, sec. 4217; Williams v. Dennison, 94 Cal. 540, 29 Pae. 946.) A plea in abatement is waived by pleading to the merits. (Railroad Co. v. Harris, 12 Wall. 65; Bell v. Railroad Co., 4 Wall. 598.) A pleading to the merits admits the capacity to sue. (Society v. Pawlet, 4 Pet. 480; Teaton v. Lynn, 5 Pet. 224; Livingston v. Story, 11 Pet. 351; Kane v. Paul, 14 Pet. 33; Pullman v. Upton, 96 H. S. 328.) A plea of nonassumpsit waives a plea to the jurisdiction for lack of…

1Opinion of the CourtMorgan, J.

Plaintiff, a corporation, brought suit against the defendants upon a promissory note for $5,000, and allege (1) that plaintiff is a corporation; (2) that defendants were partners; that defendants, on the twenty-ninth day of August, 1887, for value received, made, executed, and delivered to Mc-Cornick & Co., bankers at Hailey, Idaho, their certain promissory note in writing, dated on said last-mentioned day — and insert a copy of the note, which is in the usual form; that thereafter, before the commencement of this suit, said note was duly assigned to the plaintiff, who is now the lawful owner…

2Cases cited2 opinions

  1. Walker v. SedgwickCalifornia Supreme Court · 1857
  2. United States v. GilsonIdaho Supreme Court · 1871

3Cited by8 opinions

  1. Idaho Irrigation Co. v. DillIdaho Supreme Court · 1914
  2. Smith v. RaderIdaho Supreme Court · 1918
  3. Sykes v. KruseSupreme Court of Colorado · 1911
  4. Deer Creek, Inc. v. Clarendon Hot Springs Ranch, Inc.Idaho Court of Appeals · 1984
  5. First National Bank v. BewsIdaho Supreme Court · 1897

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