Chamberlain v. Woodin

Citations

• 2 Idaho 642
• 23 P. 177
• 1890 Ida. LEXIS 7

Syllabus

<p>Nonsuit — Testimony—Elections.—Wien a motion for nonsuit is made by the defendant at the close of plaintiff’s testimony, because of its insufficiency and overruled, if defendant then introduces his testimony, he waives his right to have the error in overruling the motion reviewed.</p> <p>Testimony — Insufficiency of. — A judgment will not be re- ' versed when there is a substantial conflict in the testimony, or unless it seems the result of passion or prejudice.</p> <p>Elections. — When so irregular and fraudulent that the true result cannot be ascertained from the returns of the poll, they should be rejected and the true result shown by other evidence.</p> <p>(Syllabus by the court.)</p>