McLean v. District Court of the Eighth Judicial District
Idaho Supreme Court
Original action for a writ of prohibition. Demurrer to the complaint sustained. Where an appeal has transferred the proceedings to a higher court, the lower court is then without any jurisdiction to further proceed. “Pending an appeal which operates as a stay of proceedings, or pending a decision on the application for such an appeal, prohibition will issue to restrain the trial court from proceeding further in the cause.”
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Original action for a writ of prohibition. Demurrer to the complaint sustained. Where an appeal has transferred the proceedings to a higher court, the lower court is then without any jurisdiction to further proceed. “Pending an appeal which operates as a stay of proceedings, or pending a decision on the application for such an appeal, prohibition will issue to restrain the trial court from proceeding further in the cause.” (32 Cye. 608; Livermore v. Campbell, 52 Cal. 75; State ex rel. McDonald v. Superior Court, 6 Wash. 112, 32 Pac. 1072; State ex rel. Schloss v. Superior Court, 3 Wash. 696,…
1Opinion of the CourtStewart, J.
This is an original proceeding in this court for a writ of prohibition, and is based upon an affidavit of Joseph T. Carrol and William Dollar. The facts stated in the affidavit are that Carrol is the vice-president and general manager of the applicant, the Coeur d’Alene Lumber Company, and that Dollar is the secretary-treasurer of the applicant, the Staeks-Gibbs Lumber Company, and that affiants make this affidavit for and in behalf of these applicants and the other applicants, Charles A. McLean and Mrs. Charles A. McLean, husband and wife ¡that the applicant, the Coeur d’Alene Lumber Co., is…
2Cases cited17 opinions
- In re Estate of McDevittCalifornia Supreme Court · 1892
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- Reed Orchard Co. v. Superior CourtCalifornia Court of Appeal · 1912
- Wellsburg & State Line Railroad v. Pan Handle Traction Co.West Virginia Supreme Court · 1904
- Steinhart v. Superior CourtCalifornia Supreme Court · 1902
12 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Julia Nicodemus and R. H. Spencer v. Washington Water Power Company, a Corporation, United States of AmericaCourt of Appeals for the Ninth Circuit · 1959
- Blackwell Lumber Co. v. Empire Mill Co.Idaho Supreme Court · 1916
- Burnham v. HendersonIdaho Supreme Court · 1929
- Ketchum Coal Co. v. Pleasant Valley Coal Co.Utah Supreme Court · 1917
- Codd v. McGoldrick Lumber Co.Idaho Supreme Court · 1929
8 more not listed; retrieve them via the Exa API.