Bank of Troy v. Linford

43 P. 680 | Idaho | 1896

Rehearing

ON REHEARING.

HUSTON, J.

This case was heard together with two others, to wit, First Nat. Bank v. Skinner, ante, p. 673, 43 Pac. 679, and Johnson v. Linford, ante, p. 677. The cases were heard to-' gethcr. The facts were the same. In this ease the point was made for the first time that the corporate character of plaintiff was denied in the answer, and was not proven upon trial. We held that the denial was not made with sufficient directness; that the corporate character of plaintiff sufficiently appeared from the record. We see nothing in the petition to change this view. Even were the contention of counsel correct, it cannot be seriously contended that this matter affects the substantial rights of defendants. (See Idaho Rev. Stats., sec. 4231.) Petition denied.

Morgan, C. J., and Sullivan, J., concur.

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Lead Opinion

Per CURIAM.

The only question in this case not involved in First Nat. Bank v. Skinner, ante, p. 673, 43 Pac. 679, is the claim of defendants that there was no proof of the corporate character of plaintiff. The denial of the corporate character of plaintiff is insufficient in the answer, and we think the corporate character of plaintiff is sufficiently shown in the record. This question is first raised here. The defendants took no appeal; they took no exception. The judgment of the district court is reversed, and cause remanded for further proceedings in accordance with this opinion.