Reinertsen v. Idaho Power & Concentrating Co.
Idaho Supreme Court
APPEAL from tbe District Court of the Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action for injunction. Judgment for plaintiffs. The order for the issuing of the writ is not the writ, and is of no force and effect until the complaint and undertaking have been filed. (Elmore County Irrigated Farms Assn. v. Stockslager, 22 Ida. 420, 126 Pae. 616; 10 Eney. of PL & Pr. 920; 22 Cyc. 957; Gold Hunter Mining etc.
Read the full summary
APPEAL from tbe District Court of the Eighth Judicial District, for Bonner County. Hon. John M. Flynn, Judge. Action for injunction. Judgment for plaintiffs. The order for the issuing of the writ is not the writ, and is of no force and effect until the complaint and undertaking have been filed. (Elmore County Irrigated Farms Assn. v. Stockslager, 22 Ida. 420, 126 Pae. 616; 10 Eney. of PL & Pr. 920; 22 Cyc. 957; Gold Hunter Mining etc. Co. v. Holleman, 3 Ida. 99, 27 Pac. 413.) An injunction is void unless the undertaking be given by plaintiff as required by see. 4291. (MacWatters v.…
1Opinion of the CourtRice, J.
This action was instituted to obtain an injunction against the officers of the Idaho Power & Concentrating Company, Ltd., an Idaho corporation, prohibiting the sale of certain of the corporate stock thereof for nonpayment of assessments. The complaint alleged that the stock was non-*355assessable, and also set forth certain alleged irregularities in the proceedings leading up to the sale.
According to the published notice, the sale was to be held at Sandpoint, at 3 o ’clock in the afternoon of the twelfth day of May, 1917. It appears that a few hours prior to this time, a complaint was presented…
2Cases cited6 opinions
- Arnold v. American Insurance Co.California Supreme Court · 1906
- Winslow v. NaysonMassachusetts Supreme Judicial Court · 1873
- Wall v. Basin Mining Co.Idaho Supreme Court · 1909
- Mantle v. Jack Waite Mining Co.Idaho Supreme Court · 1913
- Elmore County Irrigated Farms Ass'n v. StockslagerIdaho Supreme Court · 1912
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ayers v. General Hospital, Inc.Idaho Supreme Court · 1947
- Whicher v. Delaware Mines Corp.Idaho Supreme Court · 1932
- A. C. Frost & Co. v. Coeur D'Alene Mines Corp.Idaho Supreme Court · 1939
- A. C. Frost & Co. v. Coeur D'Alene Mines Corp.Idaho Supreme Court · 1939