Abels v. Turner Trust Co.
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. R. M. Terrell, Judge. Appeal from an order dissolving a preliminary injunction. In the following cases the appeal was dismissed upon information supplied to the court by affidavits of matters which had transpired after the perfecting of the appeal, which would render the matter involved a moot question.
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APPEAL from the District Court of the Fifth Judicial District, for Bannock County. Hon. R. M. Terrell, Judge. Appeal from an order dissolving a preliminary injunction. In the following cases the appeal was dismissed upon information supplied to the court by affidavits of matters which had transpired after the perfecting of the appeal, which would render the matter involved a moot question. (Wilson v. Boise City, 7 Ida. 69, 60 Pac. 84; Waters v. Dimn, 18 Ida. 450, 110 Pae. 258; Roberts v. Kartzhe, 18 Ida. 552, 111 Pac. 1.
1Opinion of the CourtMorgan, J.
This action was commenced by appellant for the purpose of procuring an injunction to restrain the sale of property pursuant to an affidavit and notice to the sheriff in a chattel mortgage foreclosure proceeding. A pre*778liminary injunction was issued and was, upon motion of respondents, dissolved. This appeal is from the order dissolving the injunction.
Respondents have moved to dismiss the appeal upon the ground, among others, that the sale, which was temporarily enjoined, has been made since the dissolution of the injunction, and, therefore, no relief can be afforded by a review of the order…
Also in this document: Concurrence.
2Cases cited5 opinions
- Sewell v. JohnsonCalifornia Supreme Court · 1913
- Wilson v. Boise CityIdaho Supreme Court · 1900
- Roberts v. KartzkeIdaho Supreme Court · 1910
- Coburn v. ThorntonIdaho Supreme Court · 1917
- City of Wallace v. DeaneIdaho Supreme Court · 1902
3Cited by15 opinions
- Lebak v. NelsonIdaho Supreme Court · 1940
- Ward v. CharltonSupreme Court of Virginia · 1941
- Nelson v. MarshallIdaho Supreme Court · 1972
- Downing v. JacobsIdaho Supreme Court · 1978
- Tryon v. BakerIdaho Supreme Court · 1971
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