City of Wallace v. Deane
Idaho Supreme Court
APPEAL from District Court, Shoshone County. If the order determined all the questions in issue, and did not adjourn the matter for further consideration, it is a final decree. (Richmond v. Atwood, 52 Fed. 10, 17 L. R. A. 615.) When a bill seeks no other relief, an order vacating an injunction is appealable; and where the order operates to dismiss the bill it is a final disposition of the case.
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APPEAL from District Court, Shoshone County. If the order determined all the questions in issue, and did not adjourn the matter for further consideration, it is a final decree. (Richmond v. Atwood, 52 Fed. 10, 17 L. R. A. 615.) When a bill seeks no other relief, an order vacating an injunction is appealable; and where the order operates to dismiss the bill it is a final disposition of the case. (Helm v. Gilroy, 20 Or. 517, 26 Pac. 851; Pentecost v. Magahee, 5 111. 326.) “Where the time has passed wherein a receivership or an injunction would be of avail, the court will not award it.” (Chicago…
1Opinion of the CourtQuarles, C. J.
— This is an appeal from an order of the district court dissolving a temporary injunction theretofore granted by said district court in this action, which order so appealed from was made and entered on the sixth day of August, 1900. It was made to appear in this court that afterward, on the fifth day of November, 1900, a final judgment in favor of the respondents was entered in this action in the district court, whereby said action was terminated. It is also made to appear that no appeal from said final judgment has been taken, and that the time for taking such appeal has expired. Upon these…
2Cited by5 opinions
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- Lebak v. NelsonIdaho Supreme Court · 1940
- Abels v. Turner Trust Co.Idaho Supreme Court · 1918
- Graves v. BerryIdaho Supreme Court · 1922
- Coburn v. ThorntonIdaho Supreme Court · 1917