Ramsey v. District Court of the Sixth Judicial District ex rel. Lemhi County
Idaho Supreme Court
Original proceeding instituted by plaintiffs to obtain writ of prohibition. The motion to dismiss the action, made by the petitioner, Ramsey, and in which the defendants and Cross-complainants joined, should have been granted as a matter of right, and it was the mandatory duty of the respondent district court and O. R. Baum, sitting as judge thereof, to dismiss said action.
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Original proceeding instituted by plaintiffs to obtain writ of prohibition. The motion to dismiss the action, made by the petitioner, Ramsey, and in which the defendants and Cross-complainants joined, should have been granted as a matter of right, and it was the mandatory duty of the respondent district court and O. R. Baum, sitting as judge thereof, to dismiss said action. (Elliott v. Collins, 6 Ida. 266, 55 Pac. 301.) The right of the plaintiff in said action, with the consent of the defendants and cross-complainants, to dismiss the action is absolute, and the respondent district court had…
1Opinion of the CourtRice, J.
This is a proceeding to procure a writ of prohibition directed to the district court of the sixth judicial *298district, in and for Lemhi county, and to O. R. Baum, acting judge, prohibiting further proceedings in the case of Ramsey v. Lawyer et al. That case was instituted by Charles H. and George A. Holbrook on July 29, 1919, for the purpose of securing an adjudication of their right to the use of the waters of Basin Creek. To this complaint Edwin L. Call and Louise J. Call, named therein as defendants, answered and filed cross-complaints. On October 9, 1919, H. Y. Rice et al., who were parties…
2Cases cited8 opinions
- Hunter v. PorterIdaho Supreme Court · 1904
- Mott v. MottCalifornia Supreme Court · 1890
- Coulthurst v. CoulthurstCalifornia Supreme Court · 1881
- Boyd v. SteeleIdaho Supreme Court · 1899
- Elliott v. CollinsIdaho Supreme Court · 1898
3 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Miller v. ProutIdaho Supreme Court · 1921
- Republic Underwriters v. HowardCourt of Appeals of Texas · 1934
- State Ex Rel. Tibbals v. District Court of the Ninth Judicial DistrictWyoming Supreme Court · 1930
- Molen v. Denning & Clark Livestock Co.Idaho Supreme Court · 1935
- Yusky v. Chief Consol. Mining Co.Utah Supreme Court · 1925
3 more not listed; retrieve them via the Exa API.