Weber v. Della Mountain Mining Co.
Idaho Supreme Court
APPEAL from District Court in and for Blaine County. Honorable Lyttleton Price, Judge. On return of a rule to show cause, the district judge granted an injunction pendente lite. From the order so made the defendants appeal.
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APPEAL from District Court in and for Blaine County. Honorable Lyttleton Price, Judge. On return of a rule to show cause, the district judge granted an injunction pendente lite. From the order so made the defendants appeal. Where “an assignment of the capital stock of a corporation has been made by a board of directors de jure, and there is no question as to any irregularity in the levy, or any want of authority on the part of the lawful board to make it, the assessment will be held valid, and an injunction to restrain its collection denied.” (Chandler v. Sheep Boch Min. & Mill Co., 15 Utah,…
1Opinion of the CourtAilshie, J.
— This is an appeal from an order granting an injunction pendente lite. The contention made is that the complaint does not state facts sufficient to warrant the issuance of an injunction pending the final determination of the case. The only papers before the court at the time he passed upon the application were the complaint, demurrer to the complaint and the affidavit of the defendant Rockwell. Since the sufficiency or insufficiency of the showing made is with reference to the insanity of plaintiff’s ward, and a certain transaction which appears to have taken place between the ward and the…
2Cases cited8 opinions
- Dexter v. HallSupreme Court of the United States · 1873
- Price v. GriceIdaho Supreme Court · 1904
- Gilpin v. Sierra Nevada Consolidated Mining Co.Idaho Supreme Court · 1890
- Staples v. RossiIdaho Supreme Court · 1901
- Meyer v. First National Bank of Coeur d'AleneIdaho Supreme Court · 1904
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Wayne v. AlspachIdaho Supreme Court · 1911
- Unity Light & Power Company v. City of BurleyIdaho Supreme Court · 1961
- Weber v. Della Mountain Mining Co.Idaho Supreme Court · 1908
- Roberts v. KartzkeIdaho Supreme Court · 1910
- La Veine v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1909
3 more not listed; retrieve them via the Exa API.