Hill v. Morgan
Idaho Supreme Court
ORIGINAL proceeding in this court for a writ of mandate. The facts are stated in the opinion. The writ properly lies in eases where inferior courts refuse to take jurisdiction where by law they ought to do so, or where, having obtained jurisdiction in a cause, they refuse to proceed in the due exercise thereof. (Ex-parte Parker, 120 H. S. 737-743, 7 Sup. Ct.
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ORIGINAL proceeding in this court for a writ of mandate. The facts are stated in the opinion. The writ properly lies in eases where inferior courts refuse to take jurisdiction where by law they ought to do so, or where, having obtained jurisdiction in a cause, they refuse to proceed in the due exercise thereof. (Ex-parte Parker, 120 H. S. 737-743, 7 Sup. Ct. Eep. 767, 30 L. ed. 818, and cases cited.) The writ will lie to vacate an order vacating the service of process on the defendants. (People v. Wayne Circuit Judge, 22 Mich. 493; People v. Swift, 59 Mich. 529, 26 N. W. 694.) Mandamus lies…
1Opinion of the CourtStockslagee, J.
This is an original proceeding in this court. The petitioners file their petition for a writ of mandate, viz.:
“Josiah Hill and J. S. Hill respectfully petition for a peremptory writ of mandate commanding and requiring Ealph T. Morgan,1 judge of the district court of the first judicial district of the state of Idaho, in and for the county of Shoshone, to proceed with the trial of an action pending in said district court wherein these petitioners are plaintiffs, and the Standard Mining Company, Eichard Wilson, Walter Maekay, William E. Leonard, James Leonard and A. L. Scofield, copartners doing…
2Cases cited4 opinions
- Gibbs v. LinaburyMichigan Supreme Court · 1871
- People ex rel. Robison v. SwiftMichigan Supreme Court · 1886
- State ex rel. Keane v. MurphyNevada Supreme Court · 1885
- Board of Commissioners of Shoshone County v. MayhewIdaho Supreme Court · 1897
3Cited by19 opinions
- Sierra Life Insurance v. GranataIdaho Supreme Court · 1978
- Ennis v. CaseyIdaho Supreme Court · 1951
- State ex rel. Knisely v. HoltcampSupreme Court of Missouri · 1915
- State ex rel. Snow Steam Pump Works v. HomerSupreme Court of Missouri · 1913
- State ex rel. McGovern v. WilliamsWisconsin Supreme Court · 1908
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