Wilson v. Boise City
Idaho Supreme Court
APPEAL from District Court, Ada County. cite no authorities upon the point decided by the court. It is a general rule that if it is shown that the acts, the performance of which it is sought to be enjoined, are actually performed since the dissolution of said temporary injunction, the court, on appeal, has nothing before it where the bill was for injunction solely. (Kerr v. Riddle, 31 S. W. 328; Texas etc. Co. v. Interstate Transp. Co., 155 U. S. 585, 15 Sup. Ct.
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APPEAL from District Court, Ada County. cite no authorities upon the point decided by the court. It is a general rule that if it is shown that the acts, the performance of which it is sought to be enjoined, are actually performed since the dissolution of said temporary injunction, the court, on appeal, has nothing before it where the bill was for injunction solely. (Kerr v. Riddle, 31 S. W. 328; Texas etc. Co. v. Interstate Transp. Co., 155 U. S. 585, 15 Sup. Ct. Eep. 228; Reynolds v. Everett, 144 N. T. 189, 39 N. E. 72; Langmaid v. Reed, 159 Mass. 409, 34 N. E. 593.) A writ of injunction “is…
1Opinion of the CourtSullivan, J.
-This action was brought to enjoin Boise City, a municipal corporation, and Carrie E. Myers, as city tax collector of said corporation, from selling or offering for sale at a city assessment sale certain real estate of plaintiffs, against which a special assessment has been levied by Boise *71City for the payment of the costs and expenses of the construction of sewers along the alleys abutting upon the lots and property of the plaintiffs, who are appellants here. This action was commenced on the sixteenth day of June, 1899, in the district court in and for Ada count}', and upon an ex parte…
2Cited by16 opinions
- Idaho Schools for Equal Educational Opportunity Ex Rel. Eikum v. Idaho State Board of Education Ex Rel. MossmanIdaho Supreme Court · 1996
- Lebak v. NelsonIdaho Supreme Court · 1940
- Brady v. City of HomedaleIdaho Supreme Court · 1997
- Bower v. MoormanIdaho Supreme Court · 1915
- Abels v. Turner Trust Co.Idaho Supreme Court · 1918
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