Behrensmeyer v. Gwinn
Idaho Supreme Court
An application for a writ of prohibition to Hon. James G. Gwinn, Judge of the Ninth Judicial District for the County of Bonneville. The ten-day limit fixed by sec. 4430 within which to prepare and serve a bill of exceptions is jurisdictional. (Lydon v. Piper, 5 Ida. 541, 51 Pac. 101.) Under see. 4441 the defendant should either have given his notice of intention within the ten days or should, within the same ten days, have had the time extended.
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An application for a writ of prohibition to Hon. James G. Gwinn, Judge of the Ninth Judicial District for the County of Bonneville. The ten-day limit fixed by sec. 4430 within which to prepare and serve a bill of exceptions is jurisdictional. (Lydon v. Piper, 5 Ida. 541, 51 Pac. 101.) Under see. 4441 the defendant should either have given his notice of intention within the ten days or should, within the same ten days, have had the time extended. (Burton v. Todd, 68 Cal. 485, at 487, 9 Pac. 663.) The same proposition applies to an attempt to settle a bill of exceptions under sec. 4430. Under…
1Opinion of the CourtStewart, J.
This is an application for a writ of prohibition to Hon. James G. Gwinn, district judge of the ninth judicial district for the county of Bonneville, commanding and restraining him from proceeding any further to settle any bill of exceptions in the case of Behrensmeyer et al. v. Plank or to entertain or hear any motion for a new trial therein or to further interpose the said stay of proceedings to prevent the plaintiffs from collecting their damages recovered by them and otherwise realizing the fruits of their judgment. The prayer of the application requests that a writ of prohibition be…
2Cases cited8 opinions
- Bell v. MarshCalifornia Supreme Court · 1889
- Brady v. YostIdaho Supreme Court · 1898
- Curtis v. KirkpatrickIdaho Supreme Court · 1904
- McCrea v. McCrewIdaho Supreme Court · 1903
- Smith v. American Falls Canal & Power Co.Idaho Supreme Court · 1908
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3Cited by1 opinion
- People ex rel. Martin v. PanchireIllinois Supreme Court · 1924