Havens v. Stewart
Idaho Supreme Court
Original proceeding for writ of mandate. The decision of the district court quashing the summons and striking the complaint from the files was an order, and not a final judgment, upon which an appeal may be taken. {Loving v. Illsley, 1 Cal. 29; Rhodes v. Craig, 21 Cal. 419; McLaughlin v. Doherty, 54 Oal. 519; Craig v. Palmer, 28 Cal. 416; Gilman v. County of Contra Costa, 8 Cal. 57, 68 Am.
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Original proceeding for writ of mandate. The decision of the district court quashing the summons and striking the complaint from the files was an order, and not a final judgment, upon which an appeal may be taken. {Loving v. Illsley, 1 Cal. 29; Rhodes v. Craig, 21 Cal. 419; McLaughlin v. Doherty, 54 Oal. 519; Craig v. Palmer, 28 Cal. 416; Gilman v. County of Contra Costa, 8 Cal. 57, 68 Am. Dec. 290, and note; hi re Rose's Estate, 80 Cal. 166, 22 Pac. 87; Grey v. Ceder-holm, 2 Idaho, 34, 3 Pae. 12). It has none of the elements of a judgment. It is nowhere stated that it is adjudged, ordered,…
1Opinion of the CourtQuarles, J.
The plaintiff in this proceeding prays for a peremptory writ of mandamus compelling the defendant, as district judge, to render an order entering a final judgment in an action commenced by said plaintiff in the district court of the third judicial district in and for Canyon county on the twelfth day of November, 1899, against the defendants therein, Maurice G. Stiles et al., the facts being briefly as follows, to wit: Complaint was filed and summons issued in the district court, Canyon county, on November 12, 1899. Summons was thereafter served upon the defendants in the action. Afterward, on…
2Cited by8 opinions
- Brown v. Superior CourtCalifornia Court of Appeal · 1925
- Lamberton v. McCarthyIdaho Supreme Court · 1917
- Oliver v. Kootenai CountyIdaho Supreme Court · 1907
- State ex rel. Neal v. BealIndiana Supreme Court · 1916
- F. T. Larrabee Co. v. MayhewWashington Supreme Court · 1925
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