(DOWNLOAD) "Herb James v. State Idaho" by Supreme Court of Idaho No. 9509 ~ eBook PDF Kindle ePub Free
eBook details
- Title: Herb James v. State Idaho
- Author : Supreme Court of Idaho No. 9509
- Release Date : January 22, 1964
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 57 KB
Description
Mr. and Mrs. Herb James, as plaintiffs (appellants herein) instituted this action to recover damages for alleged deprivation of access to their business property. Subsequent to the filing of this action, Mr. James passed away; by stipulation his widow, the administratrix of his estate, has been substituted as a plaintiff. Appellants by their complaint seek $40,000 damages for loss of value to their business property as a result of alleged impaired access to it. To the complaint respondent filed a motion to dismiss, which the trial court, under the provisions of I.R.C.P. 12(b) treated as a motion for summary judgment, and dismissed the action. It is from such summary judgment that this appeal was taken, with the sole issue for consideration being whether the court erred in entering the summary judgment.
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