Ramsay v. Hart
| Decision Date | 01 January 1872 |
| Citation | 1 Idaho 423 |
| Parties | John B. Ramsay, Plaintiff In Error, v. Wm. P. Hart, Defendant In Error. |
| Court | Idaho Supreme Court |
EQUITABLE ACTIONS-VERDICT-JURY TRIAL.-No action, purely equitable in character, can proceed to a decree upon the verdict of a jury as the foundation thereof; but if a jury is called in such a case, it must be to aid the court in determining questions of fact, which, when found, are the findings of the court; and the decree must be the result of the judgment of the court or judge thereof.
TRANSCRIPT-RECORD.-Nothing in a transcript brought to this court can be considered unless by the provisions of the statute or the order of the judge, it is made a part of the record of the case. Of what the record consists, considered.
McBride & Henly, for the Plaintiff in Error. J. Brumback & E. J Curtis, for the Defendant in Error.
delivered the opinion.
In this case the plaintiff in error seeks to reverse the judgment of the court below: 1. Because the case was commenced
and tried and judgment rendered as in an action at law, while the proofs showed, if they showed anything, that the case should have been brought in equity. 2. Because the proofs were insufficient to support even a decree in equity if the case had been commenced on that side of the court.
It is not necessary, in disposing of this case, to pass upon any of these questions, yet we may be allowed to venture the opinion that there can be no doubt but that if the evidence adduced on the trial of an action at law should disclose that the action should have been brought in chancery, no judgment could be sustained. It is equally clear that no suit in equity can proceed to a decree upon the verdict of a jury as the foundation thereof, but that if a jury is called it must be to aid the judge in determining questions of fact which, when found, are the findings of the court, and the decree must be the result of the judgment of the court or judge. (Dunphy v. Kleinsmith, 11 Wall. 610.)
It seems to be conceded upon both sides, that the case, as disclosed by the complaint and answer, is clearly an action at law, and the case having been tried as such, it only remains for us to determine how much of the transcript we can consider here; and after that what error, if any, appears therein. Section 317 of the Civil Practice Act provides that the transcript shall contain a copy...
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Williams v. Boise Basin Mining & Development Co.
...has many times been passed upon by this court. In January, 1872, Mr. Justice Hollister passed upon the question in case of Ramsay v. Hart, 1 Idaho 423; the second paragraph the syllabus says: "Nothing in a transcript brought to this court can be considered, unless by the provisions of the s......
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State v. Linn
...44 Idaho 739 at 749, 260 P. 164 at 167 (1927). 'Questions or matters not presented in the record will not be considered on appeal. Ramsay v. Hart, 1 Idaho 423; Medbury v. Maloney, 12 Idaho 634, 88 P. 81.' Towne v. Northwestern Mut. Life Ins. Co. of Milwaukee, Wis., 58 Idaho 83 at 95, 70 P.2......
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In re Harriet C. Peck's Estate
...Selfridge v. Leonard-Heffner Machine Co., (Col.) 117 P. 158, Ann. Cas. 1913B, 282; Short v. Estey, (Mon.) 33 Mont. 261, 83 P. 479; Ramsay v. Hart, 1 Idaho 423; Pittenger v. Pittenger, (Ill.) 70 N.E. Whitlock v. Consumers Gas Trust Co., (Ind.) 26 N.E. 570; Brown v. Kalamazoo Cir. Judge, (Mic......
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Perkins v. Loux
...printed in the record. (In re Page's Estate, 12 Idaho 410, 86 P. 273; Williams v. Boise Basin Min. Co., 11 Idaho 233, 81 P. 646; Ramsey v. Hart, 1 Idaho 423; Ray v. Ray, 1 Idaho 705; Graham v. 1 Idaho 780; Swanson v. Groat, 12 Idaho 148, 85 P. 384.) SULLIVAN, J. Ailshie, C. J., concurs. STE......