Swinehart v. Pocatello Meat & Produce Co.

Citations

• 8 Idaho 710
• 70 P. 1054
• 1902 Ida. LEXIS 62

Syllabus

<p>Judgment on the Pleadings — Issue Raised by Answer. — Where a material issue of fact is made by the pleadings, judgment on the pleadings constitutes reversible error.</p> <p>Justice’s Court — Appeal to District Court — Proceedings.—Upon an appeal from the judgment of a justice of the peace to the dis(trict court upon questions of both law and fact, the cause is to be tried de novo and a judgment made upon motion affirming the judgment of the justices’ court is error, as the cause stands for trial de novo in the district court.</p> <p>(Syllabus by the court.)</p>