Powell v. Springston Lumber Co.
Idaho Supreme Court
APPEAL from the District Court of First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Action by the plaintiff for an injunction restraining defendant from maintaining a boom and obstruction across the Coeur d’Alene river and for damages. Temporary injunction issued, and thereafter dissolved on motion of the defendant. Plaintiff appealed from the order dissolving the injunction.
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APPEAL from the District Court of First Judicial District for Kootenai County. Hon. Ralph T. Morgan, Judge. Action by the plaintiff for an injunction restraining defendant from maintaining a boom and obstruction across the Coeur d’Alene river and for damages. Temporary injunction issued, and thereafter dissolved on motion of the defendant. Plaintiff appealed from the order dissolving the injunction. Under the facts as set forth in the complaint and under the statutes of this state, the complainant was entitled clearly to the relief for which he asked. (Rev. Stats., sec. 835.) All obstructions…
1Opinion of the CourtAilshie, J.
(After making statement of the case.)— Since the judge specified no grounds on which he based his order dissolving the injunction, it must be assumed upon this appeal that it was made on either one or both of the grounds named in the motion. The first ground, that no motion was made to keep the order in force as required by rule 19 of the rules of practice of the district court, is untenable here, for the reason that we cannot take judicial notice of what rules have been adopted by the district court.' (Rev. Stats., sec. 5950; Dours v. Cazentree, McGloin (La.), 257; 11 Cyc. 739-744.) The rule…
2Cases cited3 opinions
- Small v. HarringtonIdaho Supreme Court · 1904
- Stevens Point Boom Co. v. ReillyWisconsin Supreme Court · 1879
- Thayer v. BellamyIdaho Supreme Court · 1903
3Cited by13 opinions
- Johnson v. JohnsonIdaho Supreme Court · 1908
- Hutchinson v. Watson Slough Ditch Co.Idaho Supreme Court · 1909
- State ex rel. Mills v. American Surety Co.Idaho Supreme Court · 1914
- Potlatch Lumber Co. v. PetersonIdaho Supreme Court · 1906
- Buckle v. McConaghyIdaho Supreme Court · 1906
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