Hollister v. State
Idaho Supreme Court
APPEAL from District Court in. and for Lincoln County. Honorable Kirtland I. Perky, Judge. Condemnation action by H. L. Hollister against the state of Idaho, W. A. Clark and others. From a judgment by default against defendant Clark and certain other defendants, Clark appeals. The paragraphs of the complaint upon which the controversy is based are set forth in the opinion, as also the statute under the provisions of which the cause is prosecuted.
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APPEAL from District Court in. and for Lincoln County. Honorable Kirtland I. Perky, Judge. Condemnation action by H. L. Hollister against the state of Idaho, W. A. Clark and others. From a judgment by default against defendant Clark and certain other defendants, Clark appeals. The paragraphs of the complaint upon which the controversy is based are set forth in the opinion, as also the statute under the provisions of which the cause is prosecuted. In general, jurisdiction is obtained by presenting a petition in conformity with the statute, and giving the notice required by law. The petition…
1Dissent
SULLIVAN, C. J.,
Dissenting. — I am unable to. concur with my associates in the conclusion reached in this case. I am unable to find any allegation whatever in the complaint *662where section 31, township 10 south, of range 17 east of Boise meridian is mentioned. It is on that section that the court, by its judgment, grants the right to construct dams and remove rocks.; In paragraph 3 of the complaint as quoted in the opinion of my associates, section 36 is mentioned three times, and it is mentioned the last time therein as follows: “That plaintiff is informed and believes and therefore alleges…
2Cases cited1 opinion
- Canyon County v. TooleIdaho Supreme Court · 1904