77 P. 439 | Idaho | 1904
We devoted a great deal of time to an examination and investigation of the questions involved in this case before the writing of the original opinion, but the evident
With these principles in view, suppose we should not pass upon the question of filing a counterclaim and cross-complaint in a case like this, and send the case back for a new trial and the question should then be raised; upon what theory could it be said that the law of the ease has been settled as to that question? None, we apprehend. For this reason, and entertaining the view we do of the law as to the counterclaims in such ease, we were entirely correct in saying defendant would be in a worse position for us to reverse the case and send it back without deciding this question than he is after we have decided it upon this appeal.
The other questions presented by the petition are disposed of by the original opinion.
The petition is denied.