Empire Mill Co. v. District Court of the First Judicial District
Idaho Supreme Court
Original application for a writ of prohibition. If this notice is not process, then service by mail would satisfy the requirements of the code. If it is process, then its service must be in accordance with sec. 4144, Rev. Codes, as amended by the 1909 Sess.
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Original application for a writ of prohibition. If this notice is not process, then service by mail would satisfy the requirements of the code. If it is process, then its service must be in accordance with sec. 4144, Rev. Codes, as amended by the 1909 Sess. Laws, p. 185, which provides that service of summons in an action may be had upon the president, secretary, cashier or managing agent, and in case they shall be absent from the state, then service may be made by delivering a copy of the summons and a copy of the complaint to the auditor of the county in which the principal place of…
1Opinion of the CourtBudge, J.
— This is an original application of the Empire Mill Company for writ of prohibition to the district court of the first judicial district in Shoshone county, and Hon. John M. Flynn, acting judge of said district court, commanding said court and judge to desist and refrain from entertaining jurisdiction of a motion for the appointment of commissioners, or to appoint commissioners to assess and determine the damages that the applicant will sustain by reason of the condemnation and appropriation of its property by the Blackwell Lumber Company for the construction, maintenance and operation of a…
2Cited by3 opinions
- Blackwell Lumber Co. v. Empire Mill Co.Idaho Supreme Court · 1916
- Soderman v. PetersonIdaho Supreme Court · 1922
- Blackwell Lumber Co. v. Empire Mill Co.Idaho Supreme Court · 1916