Legal Opinion

Hollister v. State

Idaho Supreme Court

Decided February 18, 1904PublishedCited by 11 opinions

APPEAL from District Court in. and for Lincoln County. Honorable Kirtland I. Perky, Judge. Condemnation action by H. L. Hollister against the state of Idaho, W. A. Clark and others. From a judgment by default against defendant Clark and certain other defendants, Clark appeals. The paragraphs of the complaint upon which the controversy is based are set forth in the opinion, as also the statute under the provisions of which the cause is prosecuted.

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APPEAL from District Court in. and for Lincoln County. Honorable Kirtland I. Perky, Judge. Condemnation action by H. L. Hollister against the state of Idaho, W. A. Clark and others. From a judgment by default against defendant Clark and certain other defendants, Clark appeals. The paragraphs of the complaint upon which the controversy is based are set forth in the opinion, as also the statute under the provisions of which the cause is prosecuted. In general, jurisdiction is obtained by presenting a petition in conformity with the statute, and giving the notice required by law. The petition…

1Opinion of the Court

AILSHIE J.

This is an appeal by the defendant, W. A. Clark, from a judgment made and entered on the fourth day of June, 1902, in an action wherein H. L. Hollister was plaintiff and the state of Idaho and W. A. Clark and others were defendants. From the judgment in that case and in another case, the state of Idaho appealed to this court (Hollister v. State, ante, p. 8, 71 Pac. 441), and the judgments of the lower *656court were affirmed. The appellant Clark allowed judgment by default to be entered against him, and this appeal is from such judgment and brings up the judgment-roll for our…

2Cases cited6 opinions

  1. Bates v. BabcockCalifornia Supreme Court · 1892
  2. City & County of San Francisco v. PennieCalifornia Supreme Court · 1892
  3. Schluter v. HarveyCalifornia Supreme Court · 1884
  4. Aulbach v. DahlerIdaho Supreme Court · 1896
  5. Wiley v. Santa Rosa BankCalifornia Supreme Court · 1903

1 more not listed; retrieve them via the Exa API.

3Cited by11 opinions

  1. Helena Power Transmission Co. v. SprattMontana Supreme Court · 1907
  2. Ross v. Trustees of UniversityWyoming Supreme Court · 1924
  3. Crowley v. Croesus Gold & Copper Mining Co.Idaho Supreme Court · 1906
  4. Ludwig v. EllisIdaho Supreme Court · 1912
  5. Dittemore v. Cable Milling Co.Idaho Supreme Court · 1909

6 more not listed; retrieve them via the Exa API.

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