Mays v. District Court ex rel. Butte County
Idaho Supreme Court
APPLICATION for Writ of Prohibition. Alternative writ issued. Demurrer to application. The legislature intended that the subsequent special statute provided an exception to the general statute and that the remedy provided by the special statute should be held to be the exclusive remedy provided by the legislature for the conditions prescribed in the special law. (36 Cyc. 1151; 44 Cent. Dig., Tit.
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APPLICATION for Writ of Prohibition. Alternative writ issued. Demurrer to application. The legislature intended that the subsequent special statute provided an exception to the general statute and that the remedy provided by the special statute should be held to be the exclusive remedy provided by the legislature for the conditions prescribed in the special law. (36 Cyc. 1151; 44 Cent. Dig., Tit. “Statutes,” see. 305; Dwarris on Statutes (2d ed.), 514; Crane v. Reeder, 22 Mich. 322; Rodgers v. United States, 185 U. S. 83, 87-89, 22 Sup. Ct. 582, 46 L. ed. 816.) The remedy provided by sec.…
1Opinion of the CourtMcCARTHY, J.
Plaintiffs apply for a writ of prohibition, to restrain defendants from proceeding further in an action brought by the Blaine County Investment Company.
In October, 1920, the Blaine County Investment Company filed an action in the district court of Butte county, against a large number .of defendants, among whom were the plaintiffs herein, to quiet title to the waters of Little Lost River. A demurrer to the complaint was overruled. Answer was then made in which the allegations of the complaint were not controverted, but matters by way of abatement and estoppel and in bar of the proceedings were…
2Cases cited11 opinions
- Farm Investment Co. v. CarpenterWyoming Supreme Court · 1900
- In re a Writ of Habeas Corpus for SharpIdaho Supreme Court · 1908
- Taylor v. HulettIdaho Supreme Court · 1908
- Farmers' Union Ditch Co. v. Rio Grande Canal Co.Supreme Court of Colorado · 1906
- Van Buskirk v. Red Buttes Land & Livestock Co.Wyoming Supreme Court · 1916
6 more not listed; retrieve them via the Exa API.
3Cited by28 opinions
- Rudd v. RuddIdaho Supreme Court · 1983
- Johnson v. DiefendorfIdaho Supreme Court · 1936
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- In Re Srba Case No. 39576Idaho Supreme Court · 1995
- Harris v. ChapmanIdaho Supreme Court · 1931
23 more not listed; retrieve them via the Exa API.