Nims v. Gilmore
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Idaho County. Hon. Edgar C. Steele, Judge. Application to enjoin the prosecuting attorney from prosecuting violations of the local option statute on the ground that it has never been adopted in the county of Idaho. From an order denying the injunction this appeal is taken.
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APPEAL from the District Court of the Second Judicial District, for Idaho County. Hon. Edgar C. Steele, Judge. Application to enjoin the prosecuting attorney from prosecuting violations of the local option statute on the ground that it has never been adopted in the county of Idaho. From an order denying the injunction this appeal is taken. Our statute defining the grounds upon which an injunction will issue is extremely broad, and as construed by this court it is to the effect that where an injunction will give the needed relief more expeditiously and completely than any other remedy, it may…
1Opinion of the CourtStewart, J.
— On Aug. 25, 1909, a special election was held in Idaho county, under the act of Feb. 20, 1909 (Laws of 1909, p. 9), known as the local option statute. At the time such election was held, and on Nov. 23d thereafter, the appellant herein was engaged in the business of retailing intoxicating liquors in the town of Cottonwood in said county, under a license granted to him by the board of county commissioners of said Idaho county in July, 1909, said license to be in effect for a period of one year from said date. Subsequent to the holding of such election and prior to the commencement of this…
2Cases cited13 opinions
- In Re SawyerSupreme Court of the United States · 1888
- Fitts v. McGheeSupreme Court of the United States · 1899
- Davis v. American Society for Prevention of Cruelty to AnimalsNew York Court of Appeals · 1878
- Poyer v. Village of Des PlainesIllinois Supreme Court · 1887
- Paulk v. Mayor of SycamoreSupreme Court of Georgia · 1898
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3Cited by3 opinions
- Ex parte ModeCourt of Criminal Appeals of Texas · 1915
- Ex Parte ModeCourt of Criminal Appeals of Texas · 1915
- Hall v. JohnsonIdaho Supreme Court · 1933