Legal Opinion

Rankin v. Jauman

Idaho Supreme Court

Decided February 5, 1894PublishedCited by 35 opinions

APPEAL from District Court, Ada County. The court should not have considered the motion made by defendant to dismiss, for the reason that such a motion is unknown in our practice and unwarranted by our statutes. This being a special proceeding, the rules of practice applicable to civil actions constitute the rules of practice in this case. (Bev. Stats., sees. 4955, 4956, 5005.) A motion to dismiss an action may be made after service in certain specified cases. (Bev.

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APPEAL from District Court, Ada County. The court should not have considered the motion made by defendant to dismiss, for the reason that such a motion is unknown in our practice and unwarranted by our statutes. This being a special proceeding, the rules of practice applicable to civil actions constitute the rules of practice in this case. (Bev. Stats., sees. 4955, 4956, 5005.) A motion to dismiss an action may be made after service in certain specified cases. (Bev. Stats., see. 4354.) This is not one of them. The citation made necessary by section 7459 is to all intents and purposes a…

1Opinion of the CourtSullivan, J.

On the ninth day of December, 1893, W. A. Bankin filed in the district court of Ada county an accusation in writing, duly verified, alleging that the defendant, William Jauman, has been since the second day of January, 1893, a member of the board of county commissioners of Ada county, duly elected, qualified, and acting as such; that the defendant has at various times since said second day of January, 1893, while acting in his capacity as a member of said board, knowingly, willfully, and corruptly, charged illegal fees for services rendered, and pretended to have been rendered, while so…

2Cases cited14 opinions

  1. Ex Parte WallSupreme Court of the United States · 1883
  2. Woods v. VarnumCalifornia Supreme Court · 1890
  3. Fuller v. EllisMichigan Supreme Court · 1893
  4. Burkhart v. ReedIdaho Supreme Court · 1889
  5. Snowball v. People ex rel. GrupeIllinois Supreme Court · 1893

9 more not listed; retrieve them via the Exa API.

3Cited by35 opinions

  1. Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
  2. Moore v. StricklingWest Virginia Supreme Court · 1899
  3. Maben v. RosserSupreme Court of Oklahoma · 1909
  4. State ex rel. Timothy v. HowseTennessee Supreme Court · 1915
  5. Skeen v. CraigUtah Supreme Court · 1906

30 more not listed; retrieve them via the Exa API.

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