Humbird Lumber Co. v. Morgan
Idaho Supreme Court
ORIGINAL application for a writ of mandate to the Honorable Ralph T. Morgan, Judge of the First Judicial District. It' will be seen from a statement of the facts and examination of the record that the district court undertook to sit and act as a court of review upon his own orders. It has no power nr authority to so do. Having considered and passed upon a motion to dismiss the appeal, that order and motion is final and cannot by subsequent order be set aside.
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ORIGINAL application for a writ of mandate to the Honorable Ralph T. Morgan, Judge of the First Judicial District. It' will be seen from a statement of the facts and examination of the record that the district court undertook to sit and act as a court of review upon his own orders. It has no power nr authority to so do. Having considered and passed upon a motion to dismiss the appeal, that order and motion is final and cannot by subsequent order be set aside. And in fact there is no order of the court attempting to set aside the order upon the first motion to dismiss the appeal, and that…
1Opinion of the CourtAilshie, J.
— The Humbird Lumber Company, a corporation organized and existing under the laws of the state of Washington and doing business in the state of Idaho, filed its application with the board of county commissioners, sitting as a board of equalization, for a reduction of valuation of certain of its timber-lands located and situated in the county of Koote-nai. The application came on regularly for hearing at the July, 1903, meeting of the board of equalization, and witnesses were sworn and examined both in support of and in opposi- . tion to the application, and the board thereafter made and…
2Cases cited1 opinion
- Feltham v. Board of CommissionersIdaho Supreme Court · 1904
3Cited by9 opinions
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- Utah Oil Refining Co. v. HendrixIdaho Supreme Court · 1952
- Smith v. Louisville N. R. Co.Supreme Court of Alabama · 1922
- First National Bank of Moscow v. Board of CommissionersIdaho Supreme Court · 1925
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