Legal Opinion

Feldman v. Shea

Idaho Supreme Court

Decided December 11, 1899PublishedCited by 1 opinion

APPEAL from District Court, Canyon County. When the complaint states a cause of action, and the answer fails to raise any material issue, judgment should be rendered on the pleadings.

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APPEAL from District Court, Canyon County. When the complaint states a cause of action, and the answer fails to raise any material issue, judgment should be rendered on the pleadings. The test as to whether an answer presents any material issue is found in the question whether a complete cause of action remains without reference to the portions which may be denied by the answer. {Gay v. Winter, 34 Cal. 153; Wallace v. Baisley, 22 Or. 572, 30 Pac. 432; Alvord v. United States, 1 Idaho, 585; Sweeney v. Schlessinger, 18 Mont. 326, 45 Pae. 213; Whitwell v. Thomas, 9 Cal. 496; Leffingwell v.…

1Opinion of the CourtSullivan, J.

— This action was brought to recover for goods, wares and merchandise alleged to have been sold and delivered to the defendant. The first paragraph of the answer denies that the defendant is indebted to plaintiff for “goods, wares and merchandise sold and delivered to him by plaintiffs” at any túne. By the second paragraph of said answer defendant “denies that he purchased any goods, waxes or merchandise from plaintiffs” at any time, and also denies “that he is indebted to said plaintiffs on any account, or for any cause whatever, or at all.” When the cause came on for hearing, plaintiffs…

2Cases cited2 opinions

  1. Le Mesnager v. HamiltonCalifornia Supreme Court · 1894
  2. Elbring v. MullenIdaho Supreme Court · 1894

3Cited by1 opinion

  1. Cupples v. ZupanIdaho Supreme Court · 1922

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