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MERCER v. SHEARER

No. 9060.

374 P.2d 716 (1962)

R. J. MERCER, Plaintiff-Appellant, v. Gwen D. SHEARER, doing business as Shearer Lumber Products, and Carl Peterson, Defendants-Respondent.

Supreme Court of Idaho.

Rehearing Denied October 5, 1962.

Attorney(s) appearing for the Case

J. H. Felton, Lewiston, for appellant.

Swayne & McNichols, Orofino, for respondent.

McFADDEN, Justice.

This action arises out of an alleged trespass on plaintiff's timber grounds claimed to have taken place between November 1953 and March 1954. After the plaintiff had fully submitted his case and rested, the defendants submitted a motion for directed verdict or in the alternative for nonsuit on the ground of failure of proof. Immediately thereafter and before the court ruled, the plaintiff moved to amend his complaint. The trial court denied plaintiff...

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