Boise Irrigation & Land Co. v. Stewart
Idaho Supreme Court
ORIGINAL proceeding in tbe supreme court for a writ of prohibition. The facts are stated in the opinion. This case is already practically decided by the case of Bear. Lake County v. Budge, 9 Idaho, 703, 75 Pac. 015. By that decision, sections 34, 35 and 36 of the act. in question were declared void.
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ORIGINAL proceeding in tbe supreme court for a writ of prohibition. The facts are stated in the opinion. This case is already practically decided by the case of Bear. Lake County v. Budge, 9 Idaho, 703, 75 Pac. 015. By that decision, sections 34, 35 and 36 of the act. in question were declared void. It is hardly probable that the legislature would have enacted a series of unconstitutional sections contained in that act without the enaction of sections 34, 35 and 36, which have been held void. If the last proposition is true the whole act must necessarily fall with the sections already…
1Opinion of the Court
SULLIVAN C. J. —
This is an original application in this-court for a writ of prohibition to prohibit the district court of the third judicial district of the state of Idaho, in and for Canyon county, and Norman M. Ruick, Esq., master and. referee appointed by said court, from proceeding to take the-evidence in that certain cause in said court entitled the “Farmers’ Co-operative Ditch Company, a Corporation, Plaintiff, v. The Boise City Irrigation and Land Company et al., Defendants,” and from determining said cause or rendering any judgment therein in any way based upon the report of the state…
2Cases cited7 opinions
- Hopt v. People of Territory of UtahSupreme Court of the United States · 1884
- Von Hoffman v. City of QuincySupreme Court of the United States · 1867
- Atchison v. PetersonSupreme Court of the United States · 1874
- Broder v. Water Co.Supreme Court of the United States · 1879
- Sturr v. BeckSupreme Court of the United States · 1890
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3Cited by35 opinions
- Independent Cotton Oil Co. v. BeachamSupreme Court of Oklahoma · 1911
- In Re Srba Case No. 39576Idaho Supreme Court · 1995
- State v. GriffithIdaho Supreme Court · 1975
- Schodde v. Twin Falls Land & Water Co.Supreme Court of the United States · 1912
- Speer v. StephensonIdaho Supreme Court · 1909
30 more not listed; retrieve them via the Exa API.