McElroy v. Whitney
Idaho Supreme Court
APPEAL from the District Court in and for Elmore County. Hon. Lyttleton Price, Judge. Plaintiff commenced his action for an accounting. Referee appointed and reported in favor of plaintiff. Report and findings adopted by the court and judgment rendered accordingly. Both plaintiff and defendant appeal. Where the court fails to find on all the material issues, the judgment must be reversed.
Read the full summary
APPEAL from the District Court in and for Elmore County. Hon. Lyttleton Price, Judge. Plaintiff commenced his action for an accounting. Referee appointed and reported in favor of plaintiff. Report and findings adopted by the court and judgment rendered accordingly. Both plaintiff and defendant appeal. Where the court fails to find on all the material issues, the judgment must be reversed. (Wood v. Broderson, ante, p. 190, 85 Pae. 490; Standley v. Flint, 10 Idaho,- 629, 79 Pae. 815.) In case of reference, the parties are entitled to a statement from the referee of all the items of account…
1Opinion of the CourtStockslager, C. J.
This is an appeal from the district court of Elmore county. The action was commenced in Canyon county and transferred to Elmore county for trial, the reason for which is not shown by the record. It is shown by the complaint that John G. Whitney, deceased, and W. G. Whitney were general partners doing business at the town of *515Payette, under the name and style of the Payette Nursery. That on or about the fourth day of January, 1891, John G-. Whitney died intestate, and that on the seventh day of October, 1901, the probate court of Ada county duly issued to plaintiff letters of administration…
2Cases cited5 opinions
- Maynard v. RichardsIllinois Supreme Court · 1897
- Starr v. CaseSupreme Court of Iowa · 1882
- Loomis v. ArmstrongMichigan Supreme Court · 1883
- Dewing v. HuttonWest Virginia Supreme Court · 1895
- Reed v. JonesWisconsin Supreme Court · 1862
3Cited by5 opinions
- Bracht v. ConnellSupreme Court of Pennsylvania · 1933
- Jones v. MarshallIdaho Supreme Court · 1913
- McElroy v. WhitneyIdaho Supreme Court · 1913
- Valentin v. SarrettIdaho Supreme Court · 1914
- Jones v. MarshallIdaho Supreme Court · 1913