Benef. Protective Assn. v. Robison

Full title: BENEFICIAL PROTECTIVE ASSOCIATION, INC., a corporation, Appellant, v. W…

Court: Supreme Court of Idaho

Date published: Dec 15, 1944

154 P.2d 166 (Idaho 1944)

154 P.2d 166

Opinion

No. 7168.

December 15, 1944.

Appeal from the District Court of the Third Judicial District, for Ada County. Hon. Charles F. Koelsch, Judge.

Appeal from an order of the district court sustaining a general demurrer to plaintiff's amended complaint and dismissing the action. Reversed in part and affirmed in part.

Merrill Merrill for appellant.

Bert H. Miller, Attorney General, and Thomas Y. Gwilliam, Assistant Attorney General, for respondents.

GIVENS, J.

The above entitled case is governed by Idaho Mutual Benefit Assoc., Inc. v. W.L. Robison, et al., 65 Idaho 793, 154 P.2d 156, decided this day. Accordingly, the same judgment will be entered herein as therein.

Holden, C.J., and Ailshie, J., concur.

BUDGE, J., Dissenting.

For the reasons stated in my dissenting opinion in Idaho Mutual Benefit Assoc., Inc. v. W.L. Robison, et al., ante, p. 793, 154 P.2d 156, I dissent from the decision in this case.

Justice Dunlap concurs in this dissent.