Legal Opinion

Stevens v. Hall

Idaho Supreme Court

Decided June 13, 1902PublishedCited by 1 opinion

APPEAL from District Court, Bear Lake County. The facts are fully stated in the opinion. Section 3900 of the Bevised Statutes of Idaho, reads as follows: “A judge cannot act as such in any of the following cases: 1. In an action or proceeding to which he is a party, or in which he is interested; 2. When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3. When he has been attorney or counsel for either…

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APPEAL from District Court, Bear Lake County. The facts are fully stated in the opinion. Section 3900 of the Bevised Statutes of Idaho, reads as follows: “A judge cannot act as such in any of the following cases: 1. In an action or proceeding to which he is a party, or in which he is interested; 2. When he is related to either party by consanguinity or affinity within the third degree, computed according to the rules of law; 3. When he has been attorney or counsel for either party in the action or proceeding. But this section does not apply to the arrangement of the calendar or the regulation…

1Opinion of the CourtStocnslagee, J.

— The plaintiff (appellant here) commenced his action in the district court of Bear Lake county against the defendants (respondents), alleging that on the eighth day of April, 1893, in the district court of the fifth judicial district of the state of Idaho in and for Bear Lake county, a judgment was duly given and made, rendered, and entered by said court against the defendants, and each of them, in favor of this plaintiff, in an action in said court then pending, -wherein this plaintiff was plaintiff and said defendants and each of them were defendants, for the sum of $1,888.28, which said…

Also in this document: Concurrence.

2Cases cited7 opinions

  1. Hall v. ThayerMassachusetts Supreme Judicial Court · 1870
  2. Tootle v. BerkleySupreme Court of Kansas · 1899
  3. Gains v. BarrTexas Supreme Court · 1884
  4. Curtis v. WilcoxMichigan Supreme Court · 1889
  5. Beall v. Sinquefield & Co.Supreme Court of Georgia · 1884

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

3Cited by1 opinion

  1. In re the Guardianship of HitchcockHawaii Supreme Court · 1911

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