Evans v. Kroutinger
Idaho Supreme Court
APPEAL from District Court, Nez Perce County. Honorable Ben. E. Tweedy, Judge pro tem. Action by W. M. Evans to perpetually enjoin tbe sale of a ferry franchise and boats, cables, etc., by A. W. Kroutinger, sheriff, under execution. Judgment for plaintiff. Defendants appeal from the judgment. The facts are stated in the opinion. A ferry franchise is not,the subject of voluntary transfer.
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APPEAL from District Court, Nez Perce County. Honorable Ben. E. Tweedy, Judge pro tem. Action by W. M. Evans to perpetually enjoin tbe sale of a ferry franchise and boats, cables, etc., by A. W. Kroutinger, sheriff, under execution. Judgment for plaintiff. Defendants appeal from the judgment. The facts are stated in the opinion. A ferry franchise is not,the subject of voluntary transfer. No authority from the board of commissioners is shown to have existed for the pretended sale of this franchise by Agatha E. Evans .and J. H. Evans to W. M. Evans. The board of commissioners has never ratified…
1Opinion of the CourtAilshie, J.
r-This suit was commenced on September 4, 1902, by the plaintiff, W. M. Evans, filing his complaint pray-, ing a perpetual injunction against- the defendants, A- W.; Eroutinger, as sheriff of Nez Perce county, and Geo. H. Eester, and W. E. Eettenbach, as judgment creditors, enjoining the sale of certain property upon execution. Defendant answered and the cause went to trial before Honorable Ben. E. Tweedy, judge pro tern, and resulted in a judgment in favor of plain-, tiff perpetually enjoining said sale. Defendants appealed from-the judgment.
■ The facts appear as follows: J. H. Evans, a…
2Cases cited13 opinions
- Oakland Railroad v. Oakland, Brooklyn, & Fruit Vale RailroadCalifornia Supreme Court · 1873
- Wood v. Truckee Turnpike Co.California Supreme Court · 1864
- Thomas v. ArmstrongCalifornia Supreme Court · 1857
- Hackett v. Multnomah Railway Co.Oregon Supreme Court · 1885
- Munroe v. ThomasCalifornia Supreme Court · 1855
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