Gray v. Pierson

Citations

• 7 Idaho 540
• 64 P. 233
• 1901 Ida. LEXIS 11

Syllabus

<p>Biel op Exceptions — Contents.—It is not reversible error if the bill' of exceptions contains questions and answers.</p> <p>Settlement op Bill op Exceptions. — If the trial court found the bill, of exceptions sufficient, and acted upon it, it is not for this court, to say there was error.</p> <p>Same — Discretion op Court. — It was within the discretion of the trial court to say the bill of exceptions was sufficient to control its aotion in granting or refusing a new trial,</p> <p>New Trial — When Should be Granted. — An order granting a new-trial will be affirmed upon appeal, when the record shows errors, warranting a new trial, whether such order sets forth the grounds, or not.</p> <p>Action on Promissory Note — Statute op Limitations — Payment by Check. — Payment of a promissory note to remove the bar of the statute of limitations must be evidenced by a writing, a voluntary payment by the payee, and for the purpose of applying the payment on the note.</p> <p>(Syllabus by the court.)</p>