Day v. Day
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. Ralph T. Morgan, Judge. Appeal from an order denying a change of venue on the ground of prejudice of the judge. The declaration of rights in our constitution is self-acting, self-executing and requires no legislative provision for its enforcement, and cannot be annulled, abridged or modified by any legislative or judicial act..
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. Ralph T. Morgan, Judge. Appeal from an order denying a change of venue on the ground of prejudice of the judge. The declaration of rights in our constitution is self-acting, self-executing and requires no legislative provision for its enforcement, and cannot be annulled, abridged or modified by any legislative or judicial act.. The rule formerly established by the supreme court of California produced such a great injustice in that state that at a subsequent date the legislature enacted a statute…
1Opinion of the CourtSullivan, J.
This action was commenced on the ninth day of December, 1905, by the appellant against the respondent, to obtain a divorce, on the ground of extreme cruelty, *560and a settlement of their property rights. Thereafter the respondent answered and filed his cross-complaint, demanding a divorce from the appellant on the same ground'. The appellant answered the cross-complaint, thus putting in issue the material allegations of both the complaint and cross-complaint. Thereafter the appellant made her motion for a change of the place of trial, supported by her own affidavit and the affidavits of three of…
2Cases cited17 opinions
- Davis v. BurkeSupreme Court of the United States · 1900
- Law v. People ex rel. HuckIllinois Supreme Court · 1877
- Willis v. MabonSupreme Court of Minnesota · 1892
- People v. ComptonCalifornia Supreme Court · 1899
- State v. KyleSupreme Court of Missouri · 1901
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3Cited by36 opinions
- State v. Village of Garden CityIdaho Supreme Court · 1953
- Toncray v. BudgeIdaho Supreme Court · 1908
- Brashear v. BrashearIdaho Supreme Court · 1951
- Donaldson v. DonaldsonIdaho Supreme Court · 1917
- State v. BitzIdaho Supreme Court · 1969
31 more not listed; retrieve them via the Exa API.