Miller v. Prout
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Motion to vacate a judgment on the ground that it is null and void.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Motion to vacate a judgment on the ground that it is null and void. Order vacating judgment The judgment must be in conformity with and based on the decision of the court; after the decision is made and filed and the judgment entered thereon accordingly, the trial court has no jurisdiction or power to change or modify the judgment until the decision has been changed, so that the changed or modified judgment and the changed or modified decision will finally agree. (C. S., see. 6867;…
1Opinion of the CourtRice, C. J.
This action was commenced by Lee Charles Miller against a large number of defendants to obtain an adjudication of his right to the use of water flowing in Porter Creek, in Boise county. Judgment was entered, in which the priority of Miller’s right was decreed and the defendants were enjoined from interference therewith. The decree also contained a paragraph adjudicating the priority of defendants George H. Faull and wife, and enjoining their codefendants from interfering with the right so decreed. Certain of the defendants in the action, who were eodefendants with George H. Faull and wife,…
2Cases cited16 opinions
- Reynolds v. StocktonSupreme Court of the United States · 1891
- Sache v. WallaceSupreme Court of Minnesota · 1907
- Norton v. Atchison, Topeka, & Santa Fé RailroadCalifornia Supreme Court · 1893
- People ex rel. Schwartz v. TempleCalifornia Supreme Court · 1894
- McFadden v. RossIndiana Supreme Court · 1886
11 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- State v. District Court of Eighth Jud. Dist.Wyoming Supreme Court · 1925
- Baldwin v. AndersonIdaho Supreme Court · 1932
- Savage v. StokesIdaho Supreme Court · 1934
- McAllister v. EricksonIdaho Supreme Court · 1927
- Short v. ThompsonIdaho Supreme Court · 1936
34 more not listed; retrieve them via the Exa API.