Beem v. Davis
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. W. A. Babcock, Judge. From judgment granting peremptory writ of mandate, defendants appeal.
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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. W. A. Babcock, Judge. From judgment granting peremptory writ of mandate, defendants appeal. Under the doctrine of “ejusdem generis,” the words “any other building” following an enumeration of particular classes, as in ordinance No. 21 in question, is to be read as “other such like. ” (36 Cye. 1120.) The statutory provision, Rev. Codes, sec. 4978, that mandamus is a proper remedy under certain circumstances where there is no plain, speedy and adequate remedy at law, means the lack of any adequate remedy…
1Opinion of the CourtRice, J.
On April 17, 1916, the plaintiff filed a petition in the district court for a writ of mandate directed against the defendants. The defendants included the duly elected, acting and qualified trustees of the village of Filer, in Twin Falls county; one L. D. Allen, who was alleged to be the duly elected, acting and qualified constable of said village, and the Gem State Lumber Company, a corporation. The writ was sought in order to command the officers of the village to enforce the provisions of an ordinance fixing the fire limits therein, and to require the lumber company to obey the terms *733and…
2Cases cited26 opinions
- First National Bank v. SarllsIndiana Supreme Court · 1891
- Baumgartner v. HastyIndiana Supreme Court · 1885
- People Ex Rel. Pumpyansky v. . KeatingNew York Court of Appeals · 1901
- Brokaw v. Commissioners of HighwaysIllinois Supreme Court · 1889
- State ex rel. Wear v. FrancisSupreme Court of Missouri · 1888
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3Cited by30 opinions
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- City of Idaho Falls v. GrimmettIdaho Supreme Court · 1941
- State Ex Rel. Golembeske v. WhiteSupreme Court of Connecticut · 1975
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