Olden v. Paxton
Idaho Supreme Court
Original application for writ of prohibition. The writ will issue whenever the district court is proceeding without or in excess of its jurisdiction. (Cronan v. District Court, 15 Ida. 184, 96 Pac. 768; Clark v. Bossier, 10 Ida. 348, 78 Pac. 358, 3 Ann. Cas. 231.) The general demurrer filed by counsel to the petition herein is not sufficient to raise the question of the remedy, but only goes to the sufficiency of the petition itself. The writ should lie in all such cases.
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Original application for writ of prohibition. The writ will issue whenever the district court is proceeding without or in excess of its jurisdiction. (Cronan v. District Court, 15 Ida. 184, 96 Pac. 768; Clark v. Bossier, 10 Ida. 348, 78 Pac. 358, 3 Ann. Cas. 231.) The general demurrer filed by counsel to the petition herein is not sufficient to raise the question of the remedy, but only goes to the sufficiency of the petition itself. The writ should lie in all such cases. (McLean v. District Court, 24 Ida. 441, 134 Pae. 536; Connolly v. Probate Court, 25 Ida. 35, 136 Pac. 205; Baker v.…
1Opinion of the CourtBudge, J.
— This is an original application in this court for writ of prohibition to restrain Honorable Charles P. McCarthy, district judge of the third judicial district for Ada county, from proceeding further with the trial of a cause wherein Melba Jule Paxton, formerly Melba Jule Parsons, as plaintiff, seeks to recover from the defendant, B. F. Olden and his bondsmen, Idaho Trust & Savings Bank, Limited, the sum of $3,500, alleged by plaintiff to be the value of certain jewelry which came into the possession of the said Olden while acting as administrator of the estate of Mary Elizabeth Welpley…
2Cases cited12 opinions
- State ex rel. Townsend Gas & Electric Light Co. v. Superior CourtWashington Supreme Court · 1899
- Lindley v. Superior CourtCalifornia Supreme Court · 1903
- Sherlock v. MayorSupreme Court of Florida · 1879
- Rust v. StewartIdaho Supreme Court · 1901
- Shell v. CousinsSupreme Court of Virginia · 1883
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3Cited by34 opinions
- Spivey v. District Court of Third Judicial DistrictIdaho Supreme Court · 1923
- Smith v. YoungIdaho Supreme Court · 1950
- Evans v. District Court of the Fifth Judicial DistrictIdaho Supreme Court · 1929
- Clark v. Ada County Board of CommissionersIdaho Supreme Court · 1977
- Fraser v. DavisIdaho Supreme Court · 1916
29 more not listed; retrieve them via the Exa API.