Nicholls v. Blaser, 13189
| Court | United States State Supreme Court of Idaho |
| Citation | 102 Idaho 559,633 P.2d 1137 |
| Docket Number | No. 13189,13189 |
| Parties | David G. NICHOLLS, d/b/a Northwest Pump Company, Plaintiff-Counterdefendant-Respondent, v. Albert BLASER, Bruce W. Blaser, Ruth L. Blaser and Annalee H. Blaser, Defendants-Counterclaimants-Appellants. Dave NICHOLLS, d/b/a Northwest Pump Co., a sole proprietorship, Plaintiff-Counterdefendant-Respondent, v. Albert E. BLASER, Defendant-Counterclaimant-Appellant. |
| Decision Date | 16 June 1981 |
Page 1137
v.
Albert BLASER, Bruce W. Blaser, Ruth L. Blaser and Annalee H. Blaser, Defendants-Counterclaimants-Appellants.
Dave NICHOLLS, d/b/a Northwest Pump Co., a sole proprietorship, Plaintiff-Counterdefendant-Respondent,
v.
Albert E. BLASER, Defendant-Counterclaimant-Appellant.
Rehearing Denied Oct. 5, 1981.
[102 Idaho 561]
Page 1139
Jon Wyman, Boise, for defendants-counterclaimants-appellants.E. C. Rood, Emmett, for plaintiff-counterdefendant-respondent.
PER CURIAM.
This is an appeal from the judgment of the district court which affirmed a judgment entered following trial in the magistrate court. We affirm.
We believe that the only substantial question before this Court is the appropriate standard of review by the Supreme Court of a judgment entered by a district court after it has sat as an appellate court reviewing on the record a judgment entered following trial at the magistrate level.
Our previous decisions involving appeals from district courts which have acted as courts of appeal from decisions of magistrate courts do not set forth a clear standard of review to be utilized by the Supreme Court. We deem the appropriate standard of review at the Supreme Court level to be: The Supreme Court reviews the trial court (magistrate) record to determine whether there is substantial and competent evidence to support the magistrate's findings of fact and whether the magistrate's conclusions of law follow from those findings. If those findings are so supported and the conclusions follow therefrom and if the district court affirmed the magistrate's decision, we affirm the district court's decision as a matter of procedure. See State v. Holt, 101 Idaho ---, 625 P.2d 398 (1981) (Bistline, J., dissenting).
Defendant-appellant Blaser and plaintiff-respondent Nicholls entered into an oral agreement under which Nicholls was to install a pump and the necessary incidentals thereto in a previously existing well located on Blaser's development property in Garden Valley, Idaho.
Blaser refused to pay for the work done by Nicholls and Nicholls filed a notice of claim of lien on lots 39 and 40 of the Garden Valley Summer Homesites and later initiated the instant action to foreclose the said lien and recover attorney fees. Blaser counterclaimed alleging that the agreement had not been...
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