Blackwell Lumber Co. v. Flynn
Idaho Supreme Court
Petition for writ of mandamus. Mandamus is a proper remedy where the judge of the inferior court refuses to proceed because of an erroneous determination by him that he has no jurisdiction. {Hill v. Morgan, 9 Ida. 718, 76 Pac. 323; State ex rel. Miss.
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Petition for writ of mandamus. Mandamus is a proper remedy where the judge of the inferior court refuses to proceed because of an erroneous determination by him that he has no jurisdiction. {Hill v. Morgan, 9 Ida. 718, 76 Pac. 323; State ex rel. Miss. River & B. T. R. Co. v. Hearing, Judge, 173 Mo. 492, 73 S. W. 485.) “Where a court declines jurisdiction by mistake of law, erroneously deciding as a matter of law and not as a decision upon the facts that it has no jurisdiction, and either declines to proceed or disposes of the case, the general rule is that a mandamus to proceed will lie from…
1Opinion of the CourtMorgan, J.
— This case was commenced by filing a petition for writ of mandate to compel the above-named defendant, John M. Flynn, acting judge of'the district court of the first judicial district in and for the county of Shoshone, to enter an order in an action which, it is alleged in the petition, is now pending in said court appointing commissioners to assess and determine the damages which will be suffered by the Empire Mill Company, the defendant in said action, by reason of the appropriation and condemnation of a right of way across its land for a logging railroad which the plaintiff above named…
2Cases cited4 opinions
- Olden v. PaxtonIdaho Supreme Court · 1915
- In re ClerfWashington Supreme Court · 1909
- Winfrey v. BentonSupreme Court of Oklahoma · 1910
- Lindsey v. CarltonSupreme Court of Colorado · 1908
3Cited by6 opinions
- Felton v. PratherIdaho Supreme Court · 1973
- Allen v. SmylieIdaho Supreme Court · 1969
- Saint Michael's Monastery v. SteeleIdaho Supreme Court · 1917
- Freeman v. McQuadeIdaho Supreme Court · 1958
- Radermacher v. SutphenIdaho Supreme Court · 1939
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