Blackwell Lumber Co. v. Empire Mill Co.
Idaho Supreme Court
APPLICATION of appellant for an order staying proceedings pending the determination of appeal. Demurrer and motion to dismiss the application. The jurisdictional right to continue in force the restraining order issued in this case cannot be doubted or questioned, since it is specifically authorized and granted by sec. 9, art. 5, Idaho constitution. (Chemung Min.
Read the full summary
APPLICATION of appellant for an order staying proceedings pending the determination of appeal. Demurrer and motion to dismiss the application. The jurisdictional right to continue in force the restraining order issued in this case cannot be doubted or questioned, since it is specifically authorized and granted by sec. 9, art. 5, Idaho constitution. (Chemung Min. Co. v. Hanley, 11 Ida. 302, 81 Pac. 619.) The good faith of this appellant and the organizers of the Shoshone railway cannot be impugned or inquired into in this case. (Connolly v. Woods, 13 Ida. 591, 596, 92 Pac. 573.) Upon the…
1Dissent
BUDGE, J.,
Dissenting. — I find myself not in accord with the majority opinion, and am forced to dissent from the conclusions reached.
The facts stated in the majority opinion, so far as they relate to the case of Blackwell Lumber Co. v. Empire Mill Co., reported in 28 Ida. 556, 155 Pac. 680, are correct. This ease, however, has been in this court before, and will be found reported in Empire Mill Co. v. District Court of Eighth Judicial District, 27 Ida. 383, 149 Pac. 499, and Empire Mill Co. v. *240District Court of First Judicial District, 27 Ida. 400, 149 Pac. 505.
From an investigation of the…
2Cases cited5 opinions
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Blackwell Lumber Co. v. Empire Mill Co.Idaho Supreme Court · 1916
- McLean v. District Court of the Eighth Judicial DistrictIdaho Supreme Court · 1913
- Empire Mill Co. v. District Court of the Eighth Judicial DistrictIdaho Supreme Court · 1915
- Empire Mill Co. v. District Court of the First Judicial DistrictIdaho Supreme Court · 1915