Snake River Valley Irrigation District v. Stevens
Idaho Supreme Court
Original proceeding for a writ of prohibition. The notice in the summons follows the fourth subdivision of see. 4140 of the code, which relates wholly to actions arising under contract. The fifth subdivision covers all other cases, and necessarily covers this case. The code is mandatory on this point, and this defect is fatal. (Sawyer v. Robertson, 11 Mont. 416, 28 Pac. 456; Schuttler v. King, 12 Mont. 149, 30 Pae. 25; Smith v. Aurich, 6 Colo. 388; Atchison etc.
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Original proceeding for a writ of prohibition. The notice in the summons follows the fourth subdivision of see. 4140 of the code, which relates wholly to actions arising under contract. The fifth subdivision covers all other cases, and necessarily covers this case. The code is mandatory on this point, and this defect is fatal. (Sawyer v. Robertson, 11 Mont. 416, 28 Pac. 456; Schuttler v. King, 12 Mont. 149, 30 Pae. 25; Smith v. Aurich, 6 Colo. 388; Atchison etc. R. R. Co. v. Nicholls, 8 Colo. 188, 6 Pae. 512; Chamberlain v. Mensing, 47 Fed. 202; Sidwell v. Schumacher, 99 Ill. 433.) As to the…
1Opinion of the CourtAilshie, J.
This is an application for a writ of prohibition. The complaint alleges that the trial court is about to proceed to hear the evidence and render judgment in the case of Frank Stern, Plaintiff, vs. Snake River Valley Irrigation District, Defendant, .now pending in the district court of the sixth judicial district in and for the county of Bingham. This writ is sought to restrain the judge from proceeding with the case on the ground that he has no jurisdiction to hear and determine the same.
The ease of Stern v. Snake River Valley Irrigation District was instituted in the district court, and it…
2Cases cited5 opinions
- Harpold v. DoyleIdaho Supreme Court · 1908
- Sawyer v. RobertsonMontana Supreme Court · 1892
- People v. DodgeCalifornia Supreme Court · 1894
- Clark v. PalmerCalifornia Supreme Court · 1891
- Schuttler v. KingMontana Supreme Court · 1892
3Cited by4 opinions
- López v. MeléndezSupreme Court of Puerto Rico · 1915
- Mattice v. BabcockIdaho Supreme Court · 1932
- Bliss v. Minidoka Irrigation DistrictIdaho Supreme Court · 2020
- López v. MeléndezSupreme Court of Puerto Rico · 1915