Shawver v. Shawver

Idaho Supreme Court
Shawver v. Shawver, 25 Idaho 70 (Idaho 1913)
136 P. 436; 1913 Ida. LEXIS 10
Ailshie, Stewart, Sullivan

Shawver v. Shawver

Opinion of the Court

AILSHIE, C. J.

In this case the evidence is sufficient to support the findings. The findings in turn substantially comply with the requirements of the statute and cover all the material issues. (Sandstrom v. Smith, 12 Ida. 446, 86 Pac. 416; Brown v. Macey, 13 Ida. 451, 90 Pac. 339.) It was not necessary for the court to make findings on immaterial or collateral issues, or on any issue where a finding either way could not have affected or changed the judgment that was entered in the ease. (Wood v. Broderson, 12 Ida. 190, 85 Pac. 490; State v. Baird, 13 Ida. 126, 89 Pac. 298.)

The findings in this case are sufficient to support the judgment. The judgment should be affirmed, and it is so ordered. No costs awarded.

Sullivan and Stewart, JJ., concur.

Reference

Full Case Name
MARTHA SHAWVER v. ALBERT O. SHAWVER and LEROY A. SHAWVER
Cited By
5 cases
Status
Published
Syllabus
Findings — Immaterial Issues. 1. Evidence examined in this case and held sufficient to support findings. 2. It is not neeessary for a trial court to mate findings on collateral or immaterial issues where a finding either for or against the losing party could not change the judgment. 3. Reid, that the findings in this case support the judgment.