Legal Opinion

Blackwell Lumber Co. v. Empire Mill Co.

Idaho Supreme Court

Decided June 27, 1916PublishedCited by 4 opinions

APPLICATION of appellant for an order staying proceedings pending the determination of appeal. Demurrer and motion to dismiss the application. The jurisdictional right to continue in force the restraining order issued in this case cannot be doubted or questioned, since it is specifically authorized and granted by sec. 9, art. 5, Idaho constitution. (Chemung Min.

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APPLICATION of appellant for an order staying proceedings pending the determination of appeal. Demurrer and motion to dismiss the application. The jurisdictional right to continue in force the restraining order issued in this case cannot be doubted or questioned, since it is specifically authorized and granted by sec. 9, art. 5, Idaho constitution. (Chemung Min. Co. v. Hanley, 11 Ida. 302, 81 Pac. 619.) The good faith of this appellant and the organizers of the Shoshone railway cannot be impugned or inquired into in this case. (Connolly v. Woods, 13 Ida. 591, 596, 92 Pac. 573.) Upon the…

1Opinion of the CourtMorgan, J.

This ease has heretofore been before this court upon appeal from a judgment of dismissal made and entered upon the refusal of the above-named respondent (appellant in that case) to further plead after a demurrer to its complaint had been sustained. (Blackwell Lumber Co. v. Empire Mill Co., 28 Ida. 556, 155 Pac. 680.) The decision of the trial court was reversed and the cause remanded for further proceedings. A trial has been had and judgment condemning sufficient land for a right of way for a temporary logging railroad and appointing commissioners to assess the damages appellant will suffer,…

2Cases cited2 opinions

  1. Blackwell Lumber Co. v. Empire Mill Co.Idaho Supreme Court · 1916
  2. McLean v. District Court of the Eighth Judicial DistrictIdaho Supreme Court · 1913

3Cited by4 opinions

  1. Blackwell Lumber Co. v. Empire Mill Co.Idaho Supreme Court · 1916
  2. Hay v. HayIdaho Supreme Court · 1925
  3. Grangeville Highway District v. AilshieIdaho Supreme Court · 1929
  4. Grangeville Highway District v. AilshieIdaho Supreme Court · 1929

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