Mills Novelty Co. v. Dunbar

Citations

• 11 Idaho 671
• 83 P. 932
• 1906 Ida. LEXIS 6

Syllabus

<p>Replevin — Gambling Devices — Slot Machines — Allegations of Complaint — Denials by Answer — Separate Defenses — Judgment on Pleadings — Constitutional Law.</p> <p>1. Answer examined and held sufficient to put in issue the allegations of the complaint.</p> <p>2. Where the plaintiff moves for judgment on the pleadings, if the answer put in issue the material allegations of the complaint, it is not error to deny such motion.</p> <p>3. Where the answer puts in issue the material allegations of the complaint and the plaintiff refuses or declines to introduce any evidence on the trial in support of the allegations of the complaint, it is not error for the court to enter a judgment of dismissal where no affirmative relief is sought by the answer.</p> <p>4. Where the answer puts in issue the material allegations of the complaint, on the trial it is incumbent on the nlaintiff- to establish the material allegations of the complaint by a preponderance of evidence, and where he declines to introduce any evidence whatever it is not error for the court to enter judgment of dismissal.</p> <p>5. The rule is well established in this court that the constitutionality of a law will not be passed upon unless it is absolutely necessary to do so in order to decide the case.</p> <p>(Syllabus by the court.)</p>