State v. Noyes
Idaho Supreme Court
APPEAL from tbe district court of the Seventh Judicial District for the County of Canyon. Hon. E. L. Bryan, Judge. Defendant was convicted of a misdemeanor in the justice’s court and appealed to the district court, where he was again convicted, and thereafter appealed to the supreme court. A justice of the peace must reside and hold court in his own precinct; he cannot be transferred to the case; the ease must be transferred to him. It is not a migratory court.
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APPEAL from tbe district court of the Seventh Judicial District for the County of Canyon. Hon. E. L. Bryan, Judge. Defendant was convicted of a misdemeanor in the justice’s court and appealed to the district court, where he was again convicted, and thereafter appealed to the supreme court. A justice of the peace must reside and hold court in his own precinct; he cannot be transferred to the case; the ease must be transferred to him. It is not a migratory court. (Phillips v. Thralls, 26 Kan. 780; Wilcox v. Johnston, 34 Kan. 655, 9 Pac. 610; see. 3850, 3885, Eev. Stat. of Idaho.) A justice of…
1Opinion of the CourtAilshie, C. J.
A complaint was filed against the appellant herein before Tim Driscoll, a justice of the peace of South Payette precinct, Canyon county, charging the defendant with the theft of a pulley and fly-wheel from the *244mill of W. A. Coughanour. Upon the filing of the complaint a warrant was issued for the arrest of the defendant, who was thereafter apprehended and taken before the justice. At the time of the trial it was stipulated and agreed between the prosecuting attorney and the defendant and his counsel that for the convenience of all parties interested the trial should take place in North…
2Cases cited5 opinions
- State ex rel. Ferguson v. ShropshireNebraska Supreme Court · 1876
- Smith v. YagerSupreme Court of Iowa · 1891
- Rogers v. LoopSupreme Court of Iowa · 1879
- Jones v. Church of the Holy TrinityNebraska Supreme Court · 1883
- People v. B. M. Du Rell & Co.Idaho Supreme Court · 1866