William D. Keeton

This case involved a claim and delivery action by seller A. L. Nowels against buyer Ketchersid Music, Inc. to recover possession of phonographic equipment or the remaining purchase price after the buyer defaulted on payments under six conditional sales contracts that had been assigned to a finance company. The contracts included a guaranty by the seller of full payment and an acceleration clause; after the assignee demanded and received full payment from the seller following default, the seller demanded return of the property or payment from the buyer, who refused. The trial court overruled a demurrer, found the buyer in default, and entered judgment for the seller, which the Idaho Supreme Court affirmed. The court held that the seller became the real party in interest entitled to possession by operation of law upon paying the accelerated balance to the assignee under the guaranty, as the buyer was no longer entitled to possession under the defaulted contracts. The decision relied on the terms of the assignments and guaranties, principles of replevin as a possessory action, and precedents recognizing a conditional seller's rights after honoring a guaranty.

business & regulatorypropertyprocedure

This case involved an employee who sued his employer for damages after injuring his foot and leg when his pants caught in the unguarded power take-off of a John Deere tractor on the defendant's farm in 1955. The plaintiff alleged negligence in removing the safety shield and allowing operation of the dangerous machinery, while the defendant raised defenses of contributory negligence and assumption of risk. A jury awarded the plaintiff $2,000, and the trial court entered judgment on the verdict and denied a new trial. On appeal, the Idaho Supreme Court affirmed, holding that the issues of contributory negligence and assumption of risk were properly submitted to the jury rather than resolved as a matter of law, and that the jury instructions adequately explained the employer's duty without making the employer an insurer of safety.

labor & employmenttorts & liability

Bohemian Breweries, a licensed beer manufacturer and distributor in Idaho, implemented a consumer "cash caps" promotion allowing buyers to mail in bottle caps for cash redemptions of 50 cents per set. The Commissioner of Law Enforcement initiated proceedings to suspend or revoke the brewery's license, claiming violations of Idaho Code § 23-1013(5) and (9) by providing valuable property to retailers without adjusting posted prices and by aiding retailers. The district court granted an injunction halting the administrative action, and the Idaho Supreme Court affirmed, holding that the promotion did not violate the statutes because redemptions were limited to consumers and not retailers, the brewery had acted in good faith after receiving favorable legal advice, and equity permits judicial intervention to prevent irreparable injury when an agency lacks authority to proceed.

business & regulatoryprocedure

In Martin v. Soden, respondents moved to dismiss an appeal from a May 9, 1957 district court judgment on grounds that the appellant failed to file a notice of appeal and cost undertaking with the court clerk within the ninety-day period required by Idaho Code sections 13-201 and 13-202. The appellant had presented the documents to the presiding judge in early June 1957, with actual filing occurring only on November 27, 1957, after the file was later delivered to the clerk. The court determined that filings with the trial judge do not comply with the statutes, which designate the clerk as the required recipient, and that these steps are jurisdictional prerequisites for an appeal. Because more than ninety days had elapsed without proper filing, the court concluded it lacked jurisdiction and dismissed the appeal.

procedure

The case involved an appellant who filed a replevin action in 1954 seeking recovery of personal property or its value plus $500 in damages from respondents and others. After respondents' attorney withdrew and they received notice but failed to appear, the trial court entered a default judgment against them in October 1956. Respondents later moved to set aside the default under Idaho Code Sec. 5-905, claiming excusable neglect due to issues with retaining new counsel, and the trial court granted the motion in 1958. The Idaho Supreme Court reversed, holding that the record showed no mistake, inadvertence, surprise, or excusable neglect, as respondents were notified of the proceedings and their delay did not reflect the actions of a reasonably prudent person.

propertyprocedure

The case involved a criminal complaint filed in justice court charging the defendant with lewd and lascivious conduct under Idaho law, based on a sworn statement from a witness without personal knowledge of the facts. The defendant moved to quash the information in district court, arguing lack of jurisdiction due to the hearsay basis of the complaint and warrant, and the district court granted the motion and dismissed the case. The Idaho Supreme Court reversed, holding that a positively verified criminal complaint is sufficient to support issuance of an arrest warrant and filing of an information. The court reasoned that the defendant's waiver of a preliminary hearing eliminated any requirement for supporting depositions or personal-knowledge affidavits, and that no constitutional violation occurred. The case was remanded with instructions to reinstate the information and proceed.

criminal lawprocedure