Elmore County Irrigated Farms Ass'n v. Stockslager
Idaho Supreme Court
Original action for a writ' of review to review the action of a district judge in making an order for a writ of injunction. Writ issued and the action of the district court The fact that the bill was not filed until after the injunction was ordered is not sufficient ground for a reversal of the order, such omission being at the most but a mere irregularity which does not affect the merits of the cause.
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Original action for a writ' of review to review the action of a district judge in making an order for a writ of injunction. Writ issued and the action of the district court The fact that the bill was not filed until after the injunction was ordered is not sufficient ground for a reversal of the order, such omission being at the most but a mere irregularity which does not affect the merits of the cause. (2 High on Injunctions, see. 1583; 1 Joyce on Injunctions, secs. 140, 142; Ex parte Sayre, 95 Ala. 288, 11 So. 378; Davis v. Reed, 14 Md. 152; Universal Sav. <& T. Co. v. Sioneburner, 113 Fed.…
1Opinion of the CourtSullivan, J.
This action was brought by the plaintiff for a writ of review to Hon. Charles 0. Stockslager and Hon. Edward A. Walters, judges of the fourth judicial district, for the purpose of reviewing the action of Judge Stockslager in granting an order for an injunction. The writ was granted and the cause was heard upon the complaint and the records and files in said proceedings.
It is alleged in the complaint that on the 16th day of August, 1912, Judge Stockslager made and signed a certain temporary injunction. This allegation is not sustained by •the record, as only an order for the writ to issue was…
2Cases cited5 opinions
- Davis v. ReedCourt of Appeals of Maryland · 1859
- Ex parte SayreSupreme Court of Alabama · 1891
- Heyman & Co. v. LandersCalifornia Supreme Court · 1859
- Gold Hunter Mining & Smelting Co. v. HollemanIdaho Supreme Court · 1891
- Universal Savings & Trust Co. v. StoneburnerCourt of Appeals for the Fourth Circuit · 1902
3Cited by3 opinions
- Labbitt v. BunstonMontana Supreme Court · 1927
- Adams v. GreerDistrict Court, W.D. Arkansas · 1953
- Reinertsen v. Idaho Power & Concentrating Co.Idaho Supreme Court · 1919