Kent v. Richardson

Citations

• 8 Idaho 750
• 71 P. 117
• 1902 Ida. LEXIS 69

Syllabus

<p>Issues — Findings.—Where the priority of right to the use of water is not put in issue by the pleadings, it is not error for the court to fail or refuse to find as to priority.</p> <p>Stipulation as to Findings. — Where it is stipulated that a finding as to the amount of the cost of the construction of the ditch in question is immaterial, and the court makes a finding of such cost, error cannot he predicated on the ground of the insufficiency of the evidence to support that finding.</p> <p>Books op Account — Admission in Evidence. — Entries in an aecountbook kept by decedent shown to have been made at or near the time of the transaction, and that decedent was in a position to know the facts entered, may be read as evidence: 1. Where it is shown that the entry was made against the interest of the person making it; 2. When it is made in a professional capacity and in the ordinary course of professional conduct; S. When it is made in the performance of a duty specially enjoined by law.</p> <p>(Syllabus by the court.)</p>