Holt v. Gridley
Idaho Supreme Court
APPEAL from District Court, Lincoln County. The court below having no jurisdiction of the case, and the appeal being upon questions of law alone, and the district court having annulled and set aside the judgment of the court below, had no power or jurisdiction to retain the case for further hearing, but should have dismissed the same and denied further proceedings in the premises.
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APPEAL from District Court, Lincoln County. The court below having no jurisdiction of the case, and the appeal being upon questions of law alone, and the district court having annulled and set aside the judgment of the court below, had no power or jurisdiction to retain the case for further hearing, but should have dismissed the same and denied further proceedings in the premises. (Holbrook, Merrill & Stetson v. Superior Oourt of Sacramento County, 106 Cal. 589, 39 Pac. 936; Chase v. Hagood, 3 Idaho, 682, 34 Pac. 811.) Where the trial court has no jurisdiction of the subject matter of a…
1Opinion of the CourtSullivan, J.
This action was brought in the probate-court of Lincoln county to recover for goods, wares and merchandise alleged to have been sold to the defendants, who are shown-by the record to be husband and wife. The husband failed to appear, but the wife appeared, and demurred to the complaint. The-demurrer was overruled, and thereupon she answered, denying the-material allegations of the complaint as to herself, and by way of' what her counsel terms a cross-complaint alleges that $140 that. *419bad been attached in said suit in the hands of one S. C. Frost, was a part of her separate estate, and not…
2Cited by18 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Rankin v. CaldwellIdaho Supreme Court · 1908
- State v. FlemingIdaho Supreme Court · 1910
- Storer v. HeitfeldIdaho Supreme Court · 1909
- Edminston v. SmithIdaho Supreme Court · 1907
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