Keenan v. Washington Liquor Co.

Citations

• 8 Idaho 383
• 69 P. 112
• 1902 Ida. LEXIS 25

Syllabus

<p>Pleading — Amendment of — Practice.—Before issue joined the plaintiff may, by an amended pleading, truly state tbe facts upon ■which the action is based, although there is more or less apparent conflict between the facts as alleged in the original, and in such amended pleading.</p> <p>Demurrer — Certainty in Pleading. — A special demurrer to a complaint in an action upon an undertaking upon claim and delivery, on the ground of uncertainty, because the complaint describes the property involved in such replevin suit in general terms, properly overruled.</p> <p>Documentary Evidence — Eh.es of Inferior Courts. — The records and flies of inferior courts are admissible in evidence, and the objection that they are inadmissible and incompetent and should be proved copies was properly overruled by the trial court.</p> <p>Obligations of Jndertaking on Claim and Delivery. — The obligations of tin principal and sureties in an undertaking on claim and delivery, which undertakes for the prosecution of the action and for a return of the property, if a return thereof be adjudged, are broken by the failure of the plaintiff in the replevin suit to prosecute the said action, and the sureties on the undertaking are liable for such breach of the undertaking, where the property, possession of which was procured by the plaintiff in the replevin suit by virtue of said undertaking and proceedings on claim and delivery, was sold and converted by said plaintiff, and the said goods were not returned, after demand, to the defendant in said replevin suit, notwithstanding no judgment for the return of said goods and chattels was rendered in the replevin suit, and the same was dismissed because of failure to prosecute the same by plaintiff.</p> <p>(Syllabus by the court.)</p>