Legal Opinion

Saint Michael's Monastery v. Steele

Idaho Supreme Court

Decided July 2, 1917PublishedCited by 12 opinions

PETITION for writ of mandate. The lower court cannot apportion costs in an action to quiet title to real estate. (Sec. 4903, Rev. Codes.) All the material issues in this ease were decided in favor of the defendant and that this is an action to quiet title to real estate.

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PETITION for writ of mandate. The lower court cannot apportion costs in an action to quiet title to real estate. (Sec. 4903, Rev. Codes.) All the material issues in this ease were decided in favor of the defendant and that this is an action to quiet title to real estate. The supreme court of California in the case of Sierra Union Water & Mining Go. v. Wolff, 144 Cal. 430, 77 Pae. 1038, passed upon a statute identical with ours. {Hoyt v. Hart, 149 Cal. 722, 87 Pac. 569, 572; Imperial Water Go. v. Wores, 29 Cal. App. 253, 155 Pae. 124.) The lower court has no discretion in this matter; we are…

1Opinion of the CourtMorgan, J.

This is an original proceeding wherein was sought and procured an alternative writ of mandate directed *611to the defendant commanding him to make, sign and file findings of fact, conclusions of law and decree in case of Cottonwood Water & Light Company, Limited, a Corporation, v. Saint Michael’s Monastery, a Corporation, heretofore decided by this court, 29 Ida. 761, 162 Pac. 242,.and remanded with instructions to make findings and conclusions and enter a decree in conformity to the views therein expressed, or that he show cause, at a time and place stated in the- writ, why he should not have…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. State v. Fong LoonIdaho Supreme Court · 1916
  2. Olden v. PaxtonIdaho Supreme Court · 1915
  3. Wright v. KelleyIdaho Supreme Court · 1895
  4. Pyke v. SteunenbergIdaho Supreme Court · 1897
  5. Connolly v. WoodsIdaho Supreme Court · 1907

8 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Logan v. CarterIdaho Supreme Court · 1930
  2. Felton v. PratherIdaho Supreme Court · 1973
  3. Lamberton v. McCarthyIdaho Supreme Court · 1917
  4. Allen v. SmylieIdaho Supreme Court · 1969
  5. Freeman v. McQuadeIdaho Supreme Court · 1958

7 more not listed; retrieve them via the Exa API.

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