Oro Fino v. Cullen
Idaho Supreme Court
Appeal from tbe third judicial district, Owybee county. 1. Tbe rule that questions must be disposed of in tbe order in wbicb they arise applies in tbis instance to proceedings in limine. Tbe proposition that a judge can not trespass upon tbe province of a court and pass upon a demurrer is not disputed bj tbe appellants, but it is contended that no result can prevent a collateral proceeding being governed by tbe rules to wbicb it owes its origin.
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Appeal from tbe third judicial district, Owybee county. 1. Tbe rule that questions must be disposed of in tbe order in wbicb they arise applies in tbis instance to proceedings in limine. Tbe proposition that a judge can not trespass upon tbe province of a court and pass upon a demurrer is not disputed bj tbe appellants, but it is contended that no result can prevent a collateral proceeding being governed by tbe rules to wbicb it owes its origin. As in tbe former equity practice, so under tbe statute a demurrer is a thing unknown, and can not be regarded upon an application for a dissolution…
1Opinion of the Court
McBbíde, O. J.,
delivered the opinion of the court,
2ConcurrenceCuir-MINS, J.
The facts in this case, as shown by the pleadings, are as follows: More & Fogus, the grantors of the plaintiff in this suit, were the owners of an undivided five hundred and sixty-two and one half feet of one thousand feet in the Oro Pino quartz lode in Owyhee county, Idaho territory, and as such were in the control and management of the mine. The defendants in this suit, claiming to be workmen and contractors under the mechanic’s lien law, had filed their liens, amounting to over twenty-two thousand dollars, upon the' improvements and works…
3Cited by3 opinions
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- Thayer v. BellamyIdaho Supreme Court · 1903
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