United States ex rel. McDonald v. Shoup

Citations

• 2 Idaho 493
• 21 P. 656
• 1889 Ida. LEXIS 15

Syllabus

<p>Paetibs to Action — County must be Sued in Corporate Name.— An action by a county must be in its corporate name. Since tbe 1st of June, 1887, tbe date when the Revised Statutes of Idaho went into effect, an action for tbe benefit of a county, and where tbe demand sued upon is a property of the county, must be in tbe corporate name of the county.</p> <p>Reformation of Instrument Sued on. — A bond payable to tbe people of the United States will not sustain a judgment in favor of tbe people of tbe United States of tbe territory of Idaho. Before such judgment can be allowed, the instrument must be reformed.</p> <p>General Denial — Unverified Complaint. — A complaint by a public officer, in bis official capacity, need not be verified, but the answer to it must be verified, unless it also be by a public officer in his official capacity, but if tbe complaint be not in fact verified, a general and not specific verified answer may put in issue tbe main allegations of the complaint under section 4183 of the Revised Statutes.</p> <p>(Syllabus by tbe court.)</p>