Olympia Mining Co. v. Kerns

Citations

• 15 Idaho 371
• 97 P. 1031
• 1908 Ida. LEXIS 109

Syllabus

<p>Appeal — Former Adjudication — Dismissal.</p> <p>1. Where, upon appeal, this court holds that the plaintiff, a foreign corporation, cannot maintain an action, by reason of the faet that the contract sued upon required that the plaintiff should be a domestic corporation organized under the laws of this state, upon the remittitur going down, and there being no substitution of a domestic corporation or change in the plaintiff, the trial court is justified in dismissing the action.</p> <p>. 2. Where this court holds that a plaintiff cannot maintain an action, and thereby reverses the case, upon the same being called for retrial in the district court, and there being no change of plaintiff, the court is justified in refusing to admit proof to sustain the plaintiff’s cause of action.</p> <p>3. Where evidence offered and refused by the court is not made a part of the judgment-roll by a bill of exceptions, this court will not examine such evidence upon an appeal from the judgment.</p> <p>. 4. Where every question presented upon an appeal was presented and determined by this court upon a former appeal, the latter appeal will be dismissed.</p> <p>(Syllabus by the court.)</p>