Legal Opinion

Wayne v. Alspach

Idaho Supreme Court

Decided June 28, 1911PublishedCited by 20 opinions

APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Upon motion of plaintiffs for an injunction pendente lite and upon answer of defendants asking for a like order, an order for injunction pendente lite was made. Defendants appeal from such order.

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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Upon motion of plaintiffs for an injunction pendente lite and upon answer of defendants asking for a like order, an order for injunction pendente lite was made. Defendants appeal from such order. The defendants having denied plaintiffs’ title, possession and right of possession and also the ousting, and it being admitted that the defendants were in the possession of the real property in dispute, the court erred in disturbing, prior to final hearing, said possession. (22 Cyc. 743, and…

1Opinion of the CourtWalters, District J.

This is an appeal brought to review the order of the district judge in granting a temporary injunction. The record discloses a controversy among the members of a religious organization denominated the ‘ ‘ Church of God of Payette,” and who had disagreed as to the proper interpretation of the doctrines, practices and teachings of said church, each side maintaining that they were the true followers of the orthodox church, and each likewise maintaining that the others were seceders and wanderers from the true faith. The plaintiffs below, who are respondents in this court, by their complaint set…

2Cases cited4 opinions

  1. Richardson v. RuddyIdaho Supreme Court · 1908
  2. Weber v. Della Mountain Mining Co.Idaho Supreme Court · 1905
  3. Safford v. FlemmingIdaho Supreme Court · 1907
  4. Castelbury v. HarteIdaho Supreme Court · 1908

3Cited by20 opinions

  1. State v. JakoskiIdaho Supreme Court · 2003
  2. Boughton v. PriceIdaho Supreme Court · 1950
  3. Rich v. WilliamsIdaho Supreme Court · 1959
  4. Sierra Life Insurance v. GranataIdaho Supreme Court · 1978
  5. Matter of HansonIdaho Supreme Court · 1992

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