Poff v. Scales
Idaho Supreme Court
Original proceeding for Writ of Prohibition. Where a judge is disqualified, if he acts in a pending suit he acts without or in excess of jurisdiction, and a permanent writ of prohibition should be granted against him. (Forest Coal Co. v. Doolittle, 54 W. Ya. 210, 46 S. E. 238'; North Bloomfield eta. Co. v. Keyser, 58 Cal. 316; State v. Seattle Board, 19 Wash. 8, 67 Am. St. 706, 52 Pac. 317, 40 L. R. A. 317; State v. Judge of Third Judicial District, 38 La.
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Original proceeding for Writ of Prohibition. Where a judge is disqualified, if he acts in a pending suit he acts without or in excess of jurisdiction, and a permanent writ of prohibition should be granted against him. (Forest Coal Co. v. Doolittle, 54 W. Ya. 210, 46 S. E. 238'; North Bloomfield eta. Co. v. Keyser, 58 Cal. 316; State v. Seattle Board, 19 Wash. 8, 67 Am. St. 706, 52 Pac. 317, 40 L. R. A. 317; State v. Judge of Third Judicial District, 38 La. Ann. 247; State v. Judge of Twenty-first Judicial District, 37 La. Ann. 253; Oalcley v. Aspinwall, 3 N. Y. 547; People v. Gill, 131 N. Y.…
1Opinion of the CourtDunn, J.
On application of plaintiffs to this court for a writ of prohibition against the defendant as judge of the tenth judicial district an alternative writ was granted requiring said defendant to show cause- why he should not be restrained from further proceedings in certain actions brought in the district court of Nez Perce county in which Mary Clay Dahlquist and E'arl H. Poff, respectively, were plaintiffs and said defendant herein and other parties were defendants, and why said defendant herein should not be restrained from proceeding to punish the plaintiffs in this action as for contempt of…
2Cases cited15 opinions
- Lindsay-Strathmore Irrigation Dist. v. Superior Court of Tulare Cty.California Supreme Court · 1920
- State ex rel. Attorney General v. Circuit Court for Eau Claire CountyWisconsin Supreme Court · 1897
- Storey v. PeopleIllinois Supreme Court · 1875
- Forest Coal Co. v. DoolittleWest Virginia Supreme Court · 1903
- In re PryorSupreme Court of Kansas · 1877
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3Cited by5 opinions
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