Fox ex rel. State v. Flynn
Idaho Supreme Court
Original application for writ of mandate directing Hon. John M. Flynn, presiding judge of the first district in and for Shoshone county, to assume original jurisdiction and proceed with the trial of a certain misdemeanor cognizable in probate and justices’ courts.
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Original application for writ of mandate directing Hon. John M. Flynn, presiding judge of the first district in and for Shoshone county, to assume original jurisdiction and proceed with the trial of a certain misdemeanor cognizable in probate and justices’ courts. A misdemeanor is a case at law, and therefore within the original jurisdiction of the district. {Toneray v. Budge, 14 Ida. 621, 635, 95 Pae. 26; State v. Baaf, 16 Ida. 411, 414, 101 Pae. 747; State v. West, 20 Ida. 387, 118 Pac. 773.) When one or more courts may take cognizance of the same case in the first instance, they are said…
1Opinion of the CourtBudge, J.
— This is an original proceeding in this court and arises upon a petition for a writ of mandate directing the presiding judge of the district court of the first judicial district in and for Shoshone county to assume original jurisdiction, and proceed to the trial of a certain case involving a misdemeanor triable in probate and justices’ courts.
The facts out of which this ease arise may be briefly stated as follows:
The prosecuting attorney of Shoshone county subscribed and swore to a criminal complaint before the Honorable *584William W. Woods, judge of the first judicial district, charging L. E.…
2Cases cited4 opinions
- State v. McGreeveyIdaho Supreme Court · 1909
- McDougall v. SheridanIdaho Supreme Court · 1913
- State v. RaafIdaho Supreme Court · 1909
- State v. WestIdaho Supreme Court · 1911
3Cited by21 opinions
- Robinson v. RobinsonIdaho Supreme Court · 1949
- State v. GriffithIdaho Supreme Court · 1975
- Boise City v. Better Homes, Inc.Idaho Supreme Court · 1952
- City of Boise v. Ada CountyIdaho Supreme Court · 2009
- Clemens v. KinsleyIdaho Supreme Court · 1951
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