Empire Mill Co. v. District Court of the Eighth Judicial District
Idaho Supreme Court
Original application for a writ of prohibition. The notice required by statute is jurisdictional, and must be given in strict conformity to the statute. A failure, therefore, to give the notice required is a fatal error, which if not waived by an appearance or otherwise, renders the proceedings absolutely void, even when called in question collaterally.
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Original application for a writ of prohibition. The notice required by statute is jurisdictional, and must be given in strict conformity to the statute. A failure, therefore, to give the notice required is a fatal error, which if not waived by an appearance or otherwise, renders the proceedings absolutely void, even when called in question collaterally. (Lewis on Eminent Domain, 3d ed., secs. 570, 583.) In the case of Thomas v. Boise City, 25 Ida. 522, 138 Pac. 1110, referring to a judgment of the lower court holding proceedings in a case where Boise City attempted to condemn certain property…
1Opinion of the CourtBudge, J.
— This is an original application for a writ of prohibition to the district court of the eighth judicial district in Benewah county, and Hon. John M. Flynn, judge of said district court, commanding said court and judge to desist and refrain from entertaining jurisdiction of a motion for the appointment of commissioners, or to appoint commissioners to assess or determine the damage or damages which the petitioner will sustain, or is entitled to recover by reason of the appropriation or condemnation of a certain strip of land owned by the applicant, decribed in the notice of the Tyson Creek By.…
2Cases cited14 opinions
- Bates v. HowardCalifornia Supreme Court · 1894
- St. Louis, Oak Hill & Carondelet Railway Co. v. FowlerSupreme Court of Missouri · 1893
- Harpold v. DoyleIdaho Supreme Court · 1908
- Hannah v. GreenCalifornia Supreme Court · 1904
- Misch v. MayhewCalifornia Supreme Court · 1876
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Smith v. PetersonIdaho Supreme Court · 1917
- Elliott v. WirthIdaho Supreme Court · 1921
- Johnson v. J. A. Barrett Auto Co.Idaho Supreme Court · 1931
- Soderman v. PetersonIdaho Supreme Court · 1922
- Keller v. KellerIdaho Supreme Court · 1917
3 more not listed; retrieve them via the Exa API.