Rauh v. Oliver

Citations

• 10 Idaho 3
• 77 P. 20
• 1904 Ida. LEXIS 7

Syllabus

<p>Demurrer — Review on Appeal — Pleading—Technicalities—JNoNSuir —Judgment op Dismissal.</p> <p>1. The action of the court in overruling defendant’s demurrer to a complaint cannot be reviewed on an appeal taken by the plaintiff.</p> <p>2. Under the provisions of our Code of Civil Procedure, the technicalities of pleading (under the common law) have been dispensed with, and the plaintiff need only state his cause of action in ordinary and concise language, whether it he in assumpsit, trespass or ejectment, without regard to the ancient forms of pleading, and the plaintiff can he sent out of court only when upon his facts he is entitled to no relief, either at law or in equity.</p> <p>3. Under the provisions of subdivision 5 of section 4354 of the Revised Statutes, it is error for the court to grant a nonsuit before the plaintiff has introduced his evidence or offered to do so and rested.</p> <p>(Syllabus by the court.)</p>