Pierstorff rule (Idaho) · Go Syfert
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Pierstorff rule in Idaho

6 Idaho opinions name it 1 courts 1985–1991 0 in the last five years

The cases below were cited by Idaho courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Pierstorff v. Gray's Auto Shopgreen
idaho · 1937 · cited in 3 Idaho opinions naming this issue, 1988–1991
2 sentences

1991Called the Pierstorff rule or Pierstorff doctrine, it is as stated by the Chief Justice in Systems Associates, Inc. v. Motorola Communications & Electronics, Inc., 116 Idaho 615, 621 , 778 P.2d 737, 743 (1989): "An adjudicatory body may not `arbitrarily or capriciously disregard the testimony of a witness unimpeached by any of the modes known to the law, if such testimony does not exceed probability.' Pierstorff v. Gray's Auto Body Shop, 58 Idaho 438, 447-48 , 74 P.2d 171, 175 (1937)." The Chief Justice in Systems Associates went on to add, as is equally so here, "Here the trial court, as the

1991Called the Pierstorff rule or Pierstorff doctrine, it is as stated by the Chief Justice in Systems Associates, Inc. v. Motorola Communications & Electronics, Inc., 116 Idaho 615, 621 , 778 P.2d 737, 743 (1989): "An adjudicatory body may not `arbitrarily or capriciously disregard the testimony of a witness unimpeached by any of the modes known to the law, if such testimony does not exceed probability.' Pierstorff v. Gray's Auto Body Shop, 58 Idaho 438, 447-48 , 74 P.2d 171, 175 (1937)." The Chief Justice in Systems Associates went on to add, as is equally so here, "Here the trial court, as the

23
Dinneen v. Finchgreen
idaho · 1979 · cited in 3 Idaho opinions naming this issue, 1985–1991
2 sentences

1988The Pierstorff rule, Pierstorff v. Gray’s Auto Body Shop, 58 Idaho 438 , 74 P.2d 171 (1937) was heavily relied on as recently as in Dinneen v. Finch, 100 Idaho 620, 626-27 , 603 P.2d 575 (1979).

1988The Pierstorff rule, Pierstorff v. Gray’s Auto Body Shop, 58 Idaho 438 , 74 P.2d 171 (1937) was heavily relied on as recently as in Dinneen v. Finch, 100 Idaho 620, 626-27 , 603 P.2d 575 (1979).

23
Systems Associates, Inc. v. Motorola Communications & Electronics, Inc.green
idaho · 1989 · cited in 2 Idaho opinions naming this issue, 1991–1991
2 sentences

1991Called the Pierstorff rule or Pierstorff doctrine, it is as stated by the Chief Justice in Systems Associates, Inc. v. Motorola Communications & Electronics, Inc., 116 Idaho 615, 621 , 778 P.2d 737, 743 (1989): "An adjudicatory body may not `arbitrarily or capriciously disregard the testimony of a witness unimpeached by any of the modes known to the law, if such testimony does not exceed probability.' Pierstorff v. Gray's Auto Body Shop, 58 Idaho 438, 447-48 , 74 P.2d 171, 175 (1937)." The Chief Justice in Systems Associates went on to add, as is equally so here, "Here the trial court, as the

1991Called the Pierstorff rule or Pierstorff doctrine, it is as stated by the Chief Justice in Systems Associates, Inc. v. Motorola Communications & Electronics, Inc., 116 Idaho 615, 621 , 778 P.2d 737, 743 (1989): "An adjudicatory body may not `arbitrarily or capriciously disregard the testimony of a witness unimpeached by any of the modes known to the law, if such testimony does not exceed probability.' Pierstorff v. Gray's Auto Body Shop, 58 Idaho 438, 447-48 , 74 P.2d 171, 175 (1937)." The Chief Justice in Systems Associates went on to add, as is equally so here, "Here the trial court, as the

22
Farber v. Stategreen
idahoctapp · 1984 · cited in 2 Idaho opinions naming this issue, 1987–1987
2 sentences

1987Nor does the majority recognize that as a Department witness, Mr. Dayley was not impeached as to his credibility in the slightest, and his testimony cannot be ignored under the well-established Pierstorff rule, last cited in Farber v. State, 107 Idaho 823, 824 , 693 P.2d 469, 470 (Ct.App. 1984).

1987Nor does the majority recognize that as a Department witness, Mr. Dayley was not impeached as to his credibility in the slightest, and his testimony cannot be ignored under the well-established Pierstorff rule, last cited in Farber v. State, 107 Idaho 823, 824 , 693 P.2d 469, 470 (Ct.App. 1984).

22
Sprague v. Caldwell Transportation Inc.green
idaho · 1989 · cited in 1 Idaho opinions naming this issue, 1991–1991
2 sentences

1991Sprague v. Caldwell Transp., Inc., 116 Idaho 720, 722 , 779 P.2d 395, 397 (1989); Systems Assoc. v. Motorola Co. & Elec., 116 Idaho 615, 621 , 778 P.2d 737, 743 (1989); Dinneen v. Finch, 100 Idaho 620, 627 , 603 P.2d 575, 582 (1979) (Bakes, C.J., dissenting); Airstream, Inc. v. C.I.T.

1991Sprague v. Caldwell Transp., Inc., 116 Idaho 720, 722 , 779 P.2d 395, 397 (1989); Systems Assoc. v. Motorola Co. & Elec., 116 Idaho 615, 621 , 778 P.2d 737, 743 (1989); Dinneen v. Finch, 100 Idaho 620, 627 , 603 P.2d 575, 582 (1979) (Bakes, C.J., dissenting); Airstream, Inc. v. C.I.T.

11
In Re Estate of Stiborgreen
idaho · 1974 · cited in 1 Idaho opinions naming this issue, 1985–1985
2 sentences

1985Accord In re Estate of Stibor, 96 Idaho 162, 164 , 525 P.2d 357, 359 (1974).

1985Accord In re Estate of Stibor, 96 Idaho 162, 164 , 525 P.2d 357, 359 (1974).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Swanson v. State green
idaho · 1988
2 sentences

1991Swanson v. State, 114 Idaho 607 , 759 P.2d 898 (1988); Pierstorff v. Gray's Auto Body Shop, 58 Idaho 438 , 74 P.2d 171 (1937)." 116 Idaho at 621, 778 P.2d at 743 .

1991Swanson v. State, 114 Idaho 607 , 759 P.2d 898 (1988); Pierstorff v. Gray's Auto Body Shop, 58 Idaho 438 , 74 P.2d 171 (1937)." 116 Idaho at 621, 778 P.2d at 743 .

11991–1991

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