Wilson v. Eagleson
Idaho Supreme Court
APPEAL from District Court, Ada County. The facts are fully stated in the opinion. The court should not order injunction to issue without an adequate undertaking in form required by law. The original bond is a part of the record. It is for only $250, and did not have attached the affidavit required by section 3749 of the Code of Civil Procedure of 1901, stating that the sureties were either householders or freeholders.
Read the full summary
APPEAL from District Court, Ada County. The facts are fully stated in the opinion. The court should not order injunction to issue without an adequate undertaking in form required by law. The original bond is a part of the record. It is for only $250, and did not have attached the affidavit required by section 3749 of the Code of Civil Procedure of 1901, stating that the sureties were either householders or freeholders. This matter was called to the attention of the court in the motion to dissolve. The court ordered the modified injunction without requiring any undertaking whatever. The…
1Opinion of the CourtStocnslager, J.
This action is here on appeal from an order granting a preliminary injunction made by the district judge of Ada county on the twenty-third day of July, 190.2. The complaint alleges that plaintiffs, with defendants, are the owners of what is known as the “Peninger lateral” — a ditch diverting water from what is known as the “New York canal”; that the same is a community ditch, etc. The second allegation sets out the course, lands through which it passes, etc. The third is that each of the plaintiffs are owners of tracts of land in Ada county under and tributary to said lateral. ' Fourth. That…
2Cases cited5 opinions
- Gilpin v. Sierra Nevada Consolidated Mining Co.Idaho Supreme Court · 1890
- McCracken v. HarrisCalifornia Supreme Court · 1879
- Staples v. RossiIdaho Supreme Court · 1901
- Shultz v. MorganCourt of Appeals of Kansas · 1895
- Miller v. Pine Mining Co.Idaho Supreme Court · 1893
3Cited by8 opinions
- Shields v. JohnsonIdaho Supreme Court · 1904
- Johnson v. Twin Falls Canal Co.Idaho Supreme Court · 1946
- Weber v. Della Mountain Mining Co.Idaho Supreme Court · 1905
- La Veine v. Stack-Gibbs Lumber Co.Idaho Supreme Court · 1909
- Fischer v. DavisIdaho Supreme Court · 1911
3 more not listed; retrieve them via the Exa API.