Cornwell v. Carter

• Decision Date: 19 November 1898
• Citation: 55 P. 1100,6 Idaho 222
• Parties: CORNWELL v. CARTER
• Court: Idaho Supreme Court

55 P. 1100

6 Idaho 222

CORNWELL v. CARTER

Supreme Court of Idaho

November 19, 1898

See syllabus in case of Cornwell v. McCoy, ante, p. 219; that opinion governs this case.

APPEAL from District Court, Nez Perces County.

Judgment reversed, with costs to appellant. Cause remanded, with instructions.

J. E. Babb, for Appellant.

Same brief as in Cornwell v. McCoy.

S. C. Herren, for Respondent.

Same brief as in case of Cornwell v. McCoy.

HUSTON, J.

OPINION

HUSTON, J.

This case arising upon the same state of facts as Cornwell v. McCoy, ante, p. 219, 6 Idaho 219, 55 P. 240, it was stipulated by counsel that the decision in that case should control in this. Judgment of district court reversed, with costs to appellant. Cause remanded to district court, with instructions to enter judgment for plaintiff as prayed in complaint.