Legal Opinion · Dissent

Kaseris v. Justice Court of the Pocatello Precinct

Idaho Supreme Court

Decided December 22, 1943No. 7136Published

1Dissent

I think prohibition is available as a remedy to appellant in this case. It will lie to arrest proceedings of any tribunal, corporation, board, or person when such proceedings are without or in excess of the jurisdiction of such tribunal, corporation, board, or person, (Sec. 13-401, I.C.A.) and may be issued by any court, except Probate or Justice's Court, in all cases where there is not a plain, speedy and adequate remedy in the ordinary course of law. (Sec. 13-402, I.C.A.)

In the order vacating the temporary writ of prohibition and denying a permanent writ, Judge Sutphen held, among other…

2Cases cited9 opinions

  1. State v. TaylorIdaho Supreme Court · 1939
  2. State v. LoweWest Virginia Supreme Court · 1883
  3. Caldwell v. ThiessenIdaho Supreme Court · 1939
  4. Cronan v. District CourtIdaho Supreme Court · 1908
  5. State ex rel. Amsterdamsch Trustees Kantoor v. Superior CourtWashington Supreme Court · 1896

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