Fischer v. Davis
Idaho Supreme Court
APPEAL from the District Court of tbe Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action for permanent injunction. Judgment for the defendant and plaintiff appealed. We have been unable to find any construction of the acts of 1911 relating to appeals by this court which throws' any considerable light on the questions raised on the respondents’ motions to dismiss.
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APPEAL from the District Court of tbe Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Action for permanent injunction. Judgment for the defendant and plaintiff appealed. We have been unable to find any construction of the acts of 1911 relating to appeals by this court which throws' any considerable light on the questions raised on the respondents’ motions to dismiss. However, similar circumstances to those in the case at bar have been construed by many of the courts, though none under identical statutes. (Smith v. Jaccard, 20 Cal. App. 280, 128 Pac. 1023; Continental…
1Opinion
ON PETITION EOR REHEARING.
AILSHIE, C. J.
A petition for a rehearing has been filed in this ease, in which counsel discuss the main proposition considered and disposed of in the original opinion.
We find no reason to change or alter the views heretofore expressed by the court upon these questions. Our attention, however, has been called to one matter which should have been considered by the original opinion and which was evidently overlooked. The appellant brought to the attention of this court the action of the trial court in denying and overruling his motion to retax the costs in the case, and…
2Cases cited2 opinions
- Abram v. StuartCalifornia Supreme Court · 1892
- Bemmerly v. SmithCalifornia Supreme Court · 1902