Lawrence Warehouse Co. v. Rudio Lumber Co.

(dissenting) :

I am unable to concur in the opinion of the court.

Since prior to 1895, the procedure provided for by Revised Statutes, Section 4297 (now Idaho Code § 8-411), as interpreted by this court in 1898, in the case of Raft River Land and Cattle Co. v. Langford, 6 Idaho 30, 51 P. 1027, has been the established rule of procedure followed by the courts and parties litigant in preliminary injunction matters when a hearing on the merits was desired by the party opposing the injunction.

That procedure provides for a full hearing on the merits if the required notice is given. The statute is as…