Gaiser v. Steele
Idaho Supreme Court
Original application for a peremptory writ of mandate. ■Sec. 1953, Bev. Codes, makes it a duty of the district court to try anew an appeal from a board of county commissioners, and as the defendant, district judge, refused to proceed to a trial of'said cause, he may be compelled to do so by mandamus, and an application to this court for such a writ is plaintiffs’ only remedy under the laws of this state. (State v. Third Judicial Dist.
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Original application for a peremptory writ of mandate. ■Sec. 1953, Bev. Codes, makes it a duty of the district court to try anew an appeal from a board of county commissioners, and as the defendant, district judge, refused to proceed to a trial of'said cause, he may be compelled to do so by mandamus, and an application to this court for such a writ is plaintiffs’ only remedy under the laws of this state. (State v. Third Judicial Dist. Court, 36 Utah, 223, 102 Pac. 868; Moore v. Superior Court, 20 Cal. App. 299, 128 Pac. 946; State v. Second Dist. Court, 36 Utah, 396, 104 Pac. 282; Fenton v.…
1Opinion of the CourtAilshie, C. J.
This is an application on citation and notice for a peremptory writ of mandate against Honorable Edgar O. Steele, judge of the second judicial district.
It appears that the plaintiff herein, William Gaiser, on June 16, 1913, filed a petition with the county school superintendent of Nez Perce county, praying that school district No. 63 of Nez Perce county be segregated and withdrawn from Rural High School District No. 1 of that county, as authorized by sec. 141, chap. 159 of the 1911 Sess. Laws (1911 Sess. Laws, p. 538).' This petition was subsequently filed with the board of county…
2Cases cited3 opinions
- Zimmerman v. Bradford-Kennedy Co.Idaho Supreme Court · 1908
- Smith v. ClyneIdaho Supreme Court · 1909
- Smith v. ClyneIdaho Supreme Court · 1908
3Cited by5 opinions
- Smith v. PetersonIdaho Supreme Court · 1917
- State v. PowaukeeIdaho Supreme Court · 1956
- First National Bank v. DrewIdaho Supreme Court · 1923
- In Re Village of RigginsIdaho Supreme Court · 1948
- Beard v. Idaho CountyIdaho Supreme Court · 1948