Reports of Cases Argued and Determined in the Supreme Court of the State of Idaho, Том 27
Vols. 1-2 contain cases before the Supreme Court of the Territory of Idaho.
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action alleged amended amount answer appellant application appointment appropriation Argument association attorney authority Bank canal cause charged City claim clearly Codes Company complaint considered constitution construction contract corporation costs counsel Court-Budge Court-Sullivan creek damages decision deed default defendant denied direct district court duty effect entered error established evidence facts filed findings follows further give Governor granted ground held Idaho instruction intended interest irrigation issue Judge judgment Judicial jury land legislature lien matter motion necessary notice operation Opinion owner paid party payment permit person plaintiff possession present prior proceedings prohibition proper prosecuting purchase question reason record referred respondent rule shows statute sufficient sustained taken testified testimony thereof tion trial court water right witness writ
Страница 398 - The court shall, in every stage of an action, disregard any error or defect in the pleadings or proceedings which shall not affect the substantial rights of the adverse party, and no judgment shall be reversed or affected by reason of such error or defect.
Страница 676 - If, therefore, a statute purporting to have been enacted to protect the public health, the public morals, or the public safety, has no real or substantial relation to those objects, or is a palpable invasion of rights secured by the fundamental law, it is the duty of the courts to so adjudge, and thereby give effect to the constitution.
Страница 678 - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
Страница 754 - Every action must be prosecuted in the name of the real party in interest, except that an executor or administrator, a trustee of an express trust, or a person expressly authorized by statute, may sue, without joining with him the person for whose benefit the action is prosecuted. A person, with whom or in whose name, a contract is made for the benefit of another, is a trustee of an express trust, within the meaning of this section.
Страница 742 - ... and the fact appears by affidavit, to the satisfaction of the court, or a judge thereof, and it also appears, by such affidavit, or by the verified complaint on file, that a cause of action exists against the defendant in respect to whom the service is to be made...
Страница 347 - The defendant may demur to the complaint within the time required in the summons to answer, when it appears upon the face thereof, either: 1. That the court has no jurisdiction of the person of the defendant, or the subject of the action ; or, 2.
Страница 678 - This does not confer power upon the whole people to control rights which are purely and exclusively private, but it does authorize the establishment of laws requiring each citizen to so conduct himself, and so use his own property, as not unnecessarily to injure another.
Страница 730 - In case of any other transfer of interest, the action may be continued in the name of the original party, or the court may allow the person to whom the transfer is made to be substituted in the action.
Страница 655 - The General Assembly shall not pass local or special laws in any of the following enumerated cases, that is to say : Regulating the jurisdiction and duties of justices of the peace and of constables; For the punishment of crimes and misdemeanors; Regulating the practice in courts of justice...