Wilson v. DeBoard

This case presents for question only the validity of an appeal by defendant from .the denial of his motion for summary judgment.

Plaintiff filed a complaint and defendant .answered, alleging that a portion of the statute under which the action was brought ■violated certain provisions of the Idaho Constitution. Defendant moved for summary judgment, which motion was denied 'by the trial court. Upon plaintiff’s motion, the portion of defendant’s answer relating -to the alleged unconstitutionality of the •statute was stricken. Defendant now seeks to appeal from that denial of his motion for…