Fraser v. Davis
Idaho Supreme Court
Original application for writ of prohibition. Under sees. 20 and 21, art. 5, of our constitution, we contend that the district court has no original jurisdiction, nor can it try de novo appeals from the probate court in matters affecting the settlement of estates, etc.
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Original application for writ of prohibition. Under sees. 20 and 21, art. 5, of our constitution, we contend that the district court has no original jurisdiction, nor can it try de novo appeals from the probate court in matters affecting the settlement of estates, etc. (Estate of McVay, 14 Ida. 64, 67, 93 Pac. 31; Connolly v. Probate Court, 25 Ida. 35, 45, 136 Pac. 205; Miller v. Mitcham, 21 Ida. 741, 123 Pac. 941; In re Bowen, 34 Cal. 682, 688; Territory v. Mix, 1 Ariz. 52, 25 Pae. 528.) Where the matter of fixing fees or rates has been committed by the legislature to some body or tribunal,…
1Opinion of the CourtBudge, J.
This is an original application in this court for a writ of prohibition to restrain Hon. Carl A. Davis, district judge of the third judicial district, in and for Ada county, from proceeding with the trial of a cause wherein an appeal was taken upon both questions of law and fact in the matter of the estate of Edgar Wilson, deceased, on behalf of Laura Wilson, a minor, by her guardian, Laura D. Wilson.
From the affidavit or petition of the plaintiffs it appears that on January 7, 1915, Hon. Frank Martin, of Boise, presented and filed in the probate court of Ada county a petition to have…
2Cases cited10 opinions
- Clark v. RossierIdaho Supreme Court · 1904
- State v. Fong LoonIdaho Supreme Court · 1916
- Olden v. PaxtonIdaho Supreme Court · 1915
- Lindley v. Superior CourtCalifornia Supreme Court · 1903
- On RehearingIdaho Supreme Court · 1908
5 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Short v. ThompsonIdaho Supreme Court · 1936
- State Ex Rel. Bank of Eagle v. LeonardsonIdaho Supreme Court · 1932
- Taylor v. GirardIdaho Supreme Court · 1934
- Saint Michael's Monastery v. SteeleIdaho Supreme Court · 1917
- Pfirman v. Probate CourtIdaho Supreme Court · 1937
11 more not listed; retrieve them via the Exa API.