Jones v. Vane
Idaho Supreme Court
APPEAL from District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Action to set aside and annul a judgment of the district court. Demurrer to complaint sustained. The demurrer to the complaint was not well taken. The complaint states a perfect cause of action for relief in equity. The facts stated 'ppeal, in this age, to equity. They invoke the maxim “Equity will not suffer a wrong without a remedy.”
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APPEAL from District Court of Kootenai County. Honorable Ralph T. Morgan, Judge. Action to set aside and annul a judgment of the district court. Demurrer to complaint sustained. The demurrer to the complaint was not well taken. The complaint states a perfect cause of action for relief in equity. The facts stated 'ppeal, in this age, to equity. They invoke the maxim “Equity will not suffer a wrong without a remedy.” The theory of equitable interference with judgments is that, from certain equitable circumstances of which a court of equity has cognizance, it is against conscience that the party…
1Opinion of the CourtSullivan, J.
— This action was brought to vacate a judgment in favor of the respondents and against the appellant Jones. Said judgment was entered cn the eleventh day of May, 1903, and the said Jones was commanded to remove a certain wharf in the Pend d’Oreille river. The appellant Jones will hereafter be referred to as Jones, and respondents will be referred to as Vanes.
The dispute in this action relates to a pier or landing-place within the navigable waters of the Pend d’Oreille river, which is a navigable river deriving its waters from the mountains of British Columbia and Montana. As a navigable river…
2Cases cited11 opinions
- The Erie Railway Company v. . RamseyNew York Court of Appeals · 1871
- Yorke v. YorkeNorth Dakota Supreme Court · 1893
- Harding v. HawkinsIllinois Supreme Court · 1892
- Kansas & Arkansas Valley Railway Co. v. FitzhughSupreme Court of Arkansas · 1895
- Proctor v. PettittNebraska Supreme Court · 1888
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Donovan v. MillerIdaho Supreme Court · 1906
- Buckle v. McConaghyIdaho Supreme Court · 1906
- Vane v. JonesIdaho Supreme Court · 1907