Lydon v. Piper
Idaho Supreme Court
Original proceeding by writ of review. The court’s action was without jurisdiction. After the appeal was taken and perfected the court had lost all jurisdiction.
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Original proceeding by writ of review. The court’s action was without jurisdiction. After the appeal was taken and perfected the court had lost all jurisdiction. That even though the matters stated in the affidavit upon which the motion is based were true, they ought to have been raised in this court upon the appeal, and not by motion in the lower court after the appeal was perfected. 'The defendant Lydon after judgment had the right to substitute ■other attorneys without further notice under the statutes of Idaho. Under the stipulation entered into in the case, the ■exceptions were taken,…
1Opinion of the CourtQtjarles, J.
This proceeding was _ commenced in this court to review an order made by the district court of the second judicial district, in and for Nez Perces county, striking from the files, in the case of J oe Broncheau et ux. against Harry L-ydon, in said district court, a bill of exceptions presented by the said defendant, and settled by the judge of said district court. -To the. writ of certiorari heretofore issued, ihe said district judge has made return, and caused the pro-*543eeediugs below to be duly certified to this court, wherein it is made to appear as follows: The defendants here, Joe…
2Cases cited1 opinion
- Griffith v. MontandonIdaho Supreme Court · 1894
3Cited by5 opinions
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1908
- Hoehnan v. New York Drygoods Co.Idaho Supreme Court · 1901
- Simpson v. Pioneer Irrigation DistrictIdaho Supreme Court · 1909
- Smith v. SchultzIdaho Supreme Court · 1912
- Van Why v. Southern Pac. Co.Utah Supreme Court · 1906