Unfried v. Libert

Citations

• 20 Idaho 708
• 119 P. 885
• 1911 Ida. LEXIS 141

Syllabus

<p>Appeal — Joinder op Actions — Personal Property — Damages.</p> <p>(Syllabus by the court.)</p> <p>1. Held, the appeal was taken within the time provided by the statute and the rules of this court.</p> <p>2. Under the provisions of Eev. Codes, sec. 4169, several causes of action, all arising out of the same transaction, may be united in the same action, and allegations showing separate items of damages growing out of the same facts may be alleged as a part of the same cause of action.</p> <p>3. Where objectionable and improper matters are alleged in a complaint and are stricken from such complaint because the same do not constitute any part of the cause of aetion, and are of such character as would prejudice the jury against the defendant, it is error for the trial court to permit counsel to discuss or comment upon such matters in his opening statement to- the jury, and it is error also to admit evidence in relation to such matters.</p> <p>4. Where personal property is seized and taken possession of unlawfully and without authority of law and is thereafter retained and converted to the use and benefit of the person taking such possession, in an action for damages by the owner of such property for conversion of the same, the plaintiff is entitled to recover, as a general rule, the market value of such property at the time the. same was taken.</p> <p>5. Where U. and U. give a mortgage to- L. upon certain sheep consisting of “1200 head of ewe sheep and the increase thereof and 300 head of two year old wether sheep,” and L. commenees proceedings to foreclose said mortgage and applies to the court for the appointment of a receiver, and sueh receiver takes possession of said mortgaged property and holds the same for L., and the Court thereafter revokes the order appointing said receiver and sueh receiver thereafter continues in possession of said mortgaged ■property for L., and L. retains possession of said personal property until judgment is obtained in said foreclosur