Corbett v. Davis
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. A litigant is denied a substantial constitutional right if such an order is held not appealable. (Sec. 9, art. 5.) ‘ ‘ The supreme court shall have jurisdiction to review, upon appeal, any decision of the district courts or the judges thereof.”
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. A litigant is denied a substantial constitutional right if such an order is held not appealable. (Sec. 9, art. 5.) ‘ ‘ The supreme court shall have jurisdiction to review, upon appeal, any decision of the district courts or the judges thereof.” (Chemung Mining Co. v. Hcmley, 11 Ida. 302, 81 Pac. 619.) “The legislature shall have no power to deprive the judicial department of any power or jurisdietihn which rightly pertains to it as a co-ordinate department of the government.” (Sec.…
1Opinion of the CourtMorgan, C. J.
This is an appeal from an order setting aside the default of respondent for failure to answer. No judgment was entered in the case and a motion to dismiss has beemmade on the ground that the order is not appealable.
The decision of this case is governed by the rule of law to be found in Utah Assn. of Credit Men v. Budge, 16 Ida. 751, 102 Pac. 390, 691, Omaha Structural Steel Co. v. Lemon, 30 Ida. 363, 164 Pac. 1011, and Evans State Bank v. Skeen, 30 Ida. 703, 167 Pac. 1165.
The motion is granted. Costs are awarded to respondent.
Rice and Budge, JJ., concur.
2Cases cited3 opinions
- Evans State Bank v. SkeenIdaho Supreme Court · 1917
- Utah Ass'n of Credit Men v. BudgeIdaho Supreme Court · 1909
- Omaha Structural Steel Works v. LemonIdaho Supreme Court · 1917