Abbott v. Reedy

Citations

• 9 Idaho 577
• 75 P. 764
• 1904 Ida. LEXIS 84

Syllabus

<p>Conflicting Evidence — Issues Covered by Pleadings.</p> <p>1. Evidence examined, and, held, tbat there is a substantial conflict upon tbe point urged, and tbat tbe appellate court cannot therefore disturb the findings and judgment based thereon.</p> <p>2. Where the issue as to the existence of a separate and distinct water right and appropriation is not made by the pleadings, and the proofs tend to establish such right, and no amendment of the pleadings is .offered in the trial court, this court will not go beyond the issues so made to modify a judgment.</p> <p>(Syllabus by the court.)</p>