Callahan v. Dunn
Idaho Supreme Court
APPLICATION for a Writ of Prohibition to Honorable Robert N. Dunn, one of the Judges of the Eighth Judicial District. As a general rule, a judge cannot make orders in a cause pending in a court outside of the limits of his territorial jurisdiction. (23 Cyc. 560.) The legislature of Idaho has conferred no power upon a judge to hear a motion or to take any steps in a cause pending in another district while resident in and acting in his own district.
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APPLICATION for a Writ of Prohibition to Honorable Robert N. Dunn, one of the Judges of the Eighth Judicial District. As a general rule, a judge cannot make orders in a cause pending in a court outside of the limits of his territorial jurisdiction. (23 Cyc. 560.) The legislature of Idaho has conferred no power upon a judge to hear a motion or to take any steps in a cause pending in another district while resident in and acting in his own district. The only two sections of the codes pertinent on this question are secs. 2886 and 3894. If they can drag us to Sandpoint to oppose this motion we…
1Opinion of the CourtRice, J.
James F. Callahan instituted proceedings in the district court of the first judicial district, in and for the county of Shoshone, against Helen Elizabeth Callahan for the purpose of obtaining a decree of divorce and settlement of property rights between the parties.
On January 2, 1917, upon the application of the defendant in that action, an order was entered changing the place of trial of said cause “to the district court of the eighth judicial district of the state of Idaho and to the Honorable Bobert N. Dunn, one of the judges of the said district court.”
On January 10, 1917, James F.…
2Cases cited5 opinions
- Roby v. RobyIdaho Supreme Court · 1904
- Spofford v. SpoffordIdaho Supreme Court · 1910
- Stoneburner v. StoneburnerIdaho Supreme Court · 1905
- Jenkins v. Commercial National BankIdaho Supreme Court · 1911
- Matthews v. Superior CourtCalifornia Supreme Court · 1886
3Cited by12 opinions
- Gapsch v. GapschIdaho Supreme Court · 1954
- Hay v. HayIdaho Supreme Court · 1924
- Mason v. PelkesIdaho Supreme Court · 1936
- McDonald v. McDonaldIdaho Supreme Court · 1934
- Taylor v. TaylorIdaho Supreme Court · 1921
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