Stickney v. Hanrahan

Citations

• 7 Idaho 424
• 63 P. 189
• 1900 Ida. LEXIS 67

Syllabus

<p>Water Eights — Transcript on Appeal. — Documentary evidence used upon a trial to be used upon appeal must be incorporated into a statement or bill of exceptions-, and sueb statement or bill of exceptions duly settled.</p> <p>Motion to Strike. — A motion to strike from the transcript upon appeal from a judgment documentary evidence used upon the trial, ¡but which has not been incorporated into a statement or bill of exceptions, as required by sections 4430, 4441, and 4442 of the Eevised Statutes, will be sustained.</p> <p>Statement and Bill op Exceptions. — Judgment was rendered January 2d, plaintiff perfected his appeal therefrom January 5th, and served his proposed “statement and bill of exceptions on appeal from final judgment” January 26th; afterward, and on July 24th, defendants, without serving any proposed amendment upon the plaintiff, presented to wie judge proposed amendments to plaintiff’s said bill of exceptions, consisting of a number of specifications of insufficiency of the evidence to support certain findings, and the judge allowed said proposed amendment, over the objections of the plaintiff. Beld, that the allowance of such proposed amendment was error.</p> <p>Findings. — When the transcript upon appeal only contains a portion of the evidence introduced and used upon the trial, the findings of fact made by the trial court will not be disturbed on the ground that such findings are not supported by the evidence.</p> <p>Same. — A finding which is contrary to facts stated in the pleadings, and a decree following such finding may be modified on appeal.</p> <p>Fleadings — Conjunctive Denials. — A denial in the answer of several facts pleaded in a verified cross-complaint conjunctively, the denial being also general, is bad under the code which requires such denials to be specific.</p> <p>Waste oe Waters. — A statute making it a misdemeanor to waste waters by diverting the same from a stream into depressions or dry channels, held to be in line with a wel