Rust v. Stewart
Idaho Supreme Court
An original proceeding to obtain a writ of prohibition. The jurisdiction of the district court is limited to a review of the proceedings before the commissioners, and that the court has no jurisdiction on appeal to try tbe cause anew.
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An original proceeding to obtain a writ of prohibition. The jurisdiction of the district court is limited to a review of the proceedings before the commissioners, and that the court has no jurisdiction on appeal to try tbe cause anew. (16 Ency. of PL & Pr. 1123, and cases cited.) The author says: “When the jurisdiction of an inferior court is derived from a statute prescribing the manner of procedure in an action, it may be prevented by the writ of prohibition from departing from the manner prescribed.” (Anderson v. Superior Court, 122 Cal. 216, 54 Pae. 829.) This is a special preceding for…
1Opinion of the CourtQuarles, C. J.
This is an original proceeding to obtain a writ of prohibition restraining the district court of the third judicial district sitting in and for Ada county, from proceeding to hear and determine, de novo, an appeal from an order made by the board of commissioners of Ada county, sitting as a board of water commissioners, fixing a maximum rate of compensation for water to be delivered during the year 1901 by the Boise City Irrigation and Land Company to the petitioners. From the petition it appears that the district court is about to and will hear and determine said appeal de novo, and will do…
2Cited by22 opinions
- Olden v. PaxtonIdaho Supreme Court · 1915
- Spivey v. District Court of Third Judicial DistrictIdaho Supreme Court · 1923
- Crooks v. MaynardIdaho Supreme Court · 1987
- Smith v. YoungIdaho Supreme Court · 1950
- Clark v. Ada County Board of CommissionersIdaho Supreme Court · 1977
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