Nuestel v. Spokane International Railway Co.
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover damages for the killing of certain animals by the defendant railway company. Judgment for plaintiff. All of the proceedings upon which the application to set aside the default and judgment were taken appear in the record.
Read the full summary
APPEAL from the District Court of the Eighth Judicial District for Kootenai County. Hon. Robert N. Dunn, Judge. Action to recover damages for the killing of certain animals by the defendant railway company. Judgment for plaintiff. All of the proceedings upon which the application to set aside the default and judgment were taken appear in the record. The court heard the case upon affidavits and no oral testimony was introduced; so that this court will hear and determine this question now the same as if the matter had been presented to it in the first instance and will review the court’s…
1Opinion of the CourtSullivan, C. J.
— This action was brought to recover the alleged value of five cows and three calves, alleged to have been killed by the defendant railway company. The original complaint was filed in said action on the 24th day of October, 1913, and the defendant, who is appellant here, demurred to said complaint. Thereafter on December 30, 1913, and before the court had passed upon said demurrer, the plaintiff filed his amended complaint, which amended complaint was served upon the resident attorney for the railroad.
On the 31st of that month, the resident attorney’s term of service with the railroad company…
2Cases cited4 opinions
- Culver v. Mountain Home Electric Co.Idaho Supreme Court · 1910
- Harr v. KightIdaho Supreme Court · 1910
- Washington County Land & Development Co. v. Weiser National BankIdaho Supreme Court · 1915
- Vollmer Clearwater Co. v. GrunewaldIdaho Supreme Court · 1912
3Cited by9 opinions
- Savage v. StokesIdaho Supreme Court · 1934
- Citizens' Light, Power & Telephone Co. v. UsnikNew Mexico Supreme Court · 1921
- Atwood v. Northern Pacific Railway Co.Idaho Supreme Court · 1923
- Crane v. City of HarrisonIdaho Supreme Court · 1921
- Nielson v. GarrettIdaho Supreme Court · 1935
4 more not listed; retrieve them via the Exa API.