Holt v. Gridley

Citations

• 7 Idaho 416
• 63 P. 188
• 1900 Ida. LEXIS 66

Syllabus

<p>JURISDICTION — Unwarranted Postponement of Trial. — The postponement of a trial is in the sound discretion of the court, and if a postponement is erroneously granted, the court does not lose jurisdiction of the case.</p> <p>Appeal — New Trial. — Under the provisions of section 4844 of the Revised Statutes, upon an appeal from the probate court on questions of law alone, the court, upon sufficient showing, may, if necessary and proper, order a new trial in the district court.</p> <p>Same — Presumptions.—When the record fails to show the grounds of the necessity for ordering a, new trial in the district court when an appeal is taken from a justice or probate court on questions of law alone, the presumption is that such necessity was shown, as the district court is a court of general jurisdiction.</p> <p>Uncertainty — Void Judgment. — Where there are two defendants, and the judgment is against only one, and fails to designate which one, the judgment is void for uncertainty.</p> <p>Separate Property op Married Woman. — When it is sought to make the separate property of a married woman liable for debt, it must be alleged and proved that the debt is her own, or incurred for the benefit of her separate property. Her separate property is not liable for the debts of the husband.</p> <p>(Syllabus by the court.)</p>