Russell v. Irish
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. • Action by plaintiff to procure a writ of mandate against an irrigation district. On application of the district the appellants herein were brought into the case to set up and litigate their interests. Judgment for the plaintiff and the defendants Irish appeal.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Fremont Wood, Judge. • Action by plaintiff to procure a writ of mandate against an irrigation district. On application of the district the appellants herein were brought into the case to set up and litigate their interests. Judgment for the plaintiff and the defendants Irish appeal. The judgment of confirmation, in so far as the action was concerned, was res adjudicata, and in all collateral proceedings the benefits assessed against the land are conclusively presumed to be received, and the assessment is not…
1Opinion of the CourtAilshie, J.
A motion was made in this case to strike the statement from the transcript and to dismiss the appeal, *197on the ground that the record contains no certificate by the judge showing that the statement was used on the hearing of the motion for a new trial. "While, that is true, it does contain a stipulation signed by the attorneys which shows that the statement contained in the transcript was used on the hearing of the motion. This constitutes a sufficient identification, and it therefore follows that the motion must be denied. The affidavit on motion for new trial must be stricken from the…
2Cases cited7 opinions
- Knowles v. New Sweden Irrigation DistrictIdaho Supreme Court · 1908
- Hall v. BlackmanIdaho Supreme Court · 1902
- Oregon Short Line Railroad v. Pioneer Irrigation DistrictIdaho Supreme Court · 1909
- Wilterding v. GreenIdaho Supreme Court · 1896
- Niday v. BarkerIdaho Supreme Court · 1909
2 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- Joyce Livestock Co. v. United StatesIdaho Supreme Court · 2007
- Koon v. EmpeyIdaho Supreme Court · 1924
- Ireton v. Idaho Irrigation Co.Idaho Supreme Court · 1917
- Johnson v. GustafsonIdaho Supreme Court · 1930
- Crow v. CarlsonIdaho Supreme Court · 1984
10 more not listed; retrieve them via the Exa API.