Reports of Cases Argued and Determined in the Supreme Court of the State of Idaho, Volume 9West Publishing Company, 1906 Vols. 1-2 contain cases before the Supreme Court of the Territory of Idaho. |
From inside the book
Results 1-5 of 100
Page 14
Idaho. Supreme Court. Opinion of the Court - Ailshie , J. that this provision is ... counsel for the state , that this statute was passed before the admission of ... appellant that the court had no jurisdiction of the subject matter of the ...
Idaho. Supreme Court. Opinion of the Court - Ailshie , J. that this provision is ... counsel for the state , that this statute was passed before the admission of ... appellant that the court had no jurisdiction of the subject matter of the ...
Page 29
... Counsel for respondents cite a number of authorities in sup- port of their contention that there was no error in the order made by the district judge , appealed from , or any of the pro- ceedings complained of by appellants . If the ...
... Counsel for respondents cite a number of authorities in sup- port of their contention that there was no error in the order made by the district judge , appealed from , or any of the pro- ceedings complained of by appellants . If the ...
Page 31
... counsel for appellant , in argument in the court below , that the original transaction was usurious upon its face , and the appellant had notice of this fact . The interest coupons attached to the bond showed they were for interest on ...
... counsel for appellant , in argument in the court below , that the original transaction was usurious upon its face , and the appellant had notice of this fact . The interest coupons attached to the bond showed they were for interest on ...
Page 33
... counsel for appellant that the bond of August 1 , 1889 , for $ 1,100 was usurious , but it is con- tended that the contract of August 22 , 1898 , purged that contract of usury , and that the promissory note for $ 700 and the mortgage ...
... counsel for appellant that the bond of August 1 , 1889 , for $ 1,100 was usurious , but it is con- tended that the contract of August 22 , 1898 , purged that contract of usury , and that the promissory note for $ 700 and the mortgage ...
Page 40
... appellant . If counsel had no reason to believe the truth of the matter insinuated by the question , then the artifice was most flagrant ; but if he had any reason to believe in its truth , still he knew that it was a matter which the ...
... appellant . If counsel had no reason to believe the truth of the matter insinuated by the question , then the artifice was most flagrant ; but if he had any reason to believe in its truth , still he knew that it was a matter which the ...
Other editions - View all
Common terms and phrases
Ada County affidavit Ailshie alleged amended application Argument for Appellant Argument for Respondent attorney authorities Bank Bannock county Canyon County Cassia creek cause of action cited City Colo Company complaint constitution contended contract corporation counsel for appellant court of equity Court-Ailshie Court-Stockslager Court-Sullivan damages deceased deed defendant demurrer denied depositories district court election Elmore County Ency error evidence facts fendant filed follows Grangeville granted Hauser held Idaho injunction interest issue judge judgment jurisdiction jurors jury land Latah county legislature lien ment mortgage motion Nez Perce county Opinion owner parties payment person petition plaintiff possession precincts proceedings provisions of section question reason record Revised Statutes rule says sheriff statement Stats Stockslager Stuart sufficient Sullivan summons supreme court Syllabus thereof tion trial court usury verdict village witness writ writ of assistance
Popular passages
Page 295 - It is a general and undisputed proposition of law that a municipal corporation possesses and can exercise the following powers and no others: First, those granted in express words; second, those necessarily or fairly implied in or incident to the powers expressly granted; third, those essential to the declared objects and purposes of the corporation — not simply convenient but indispensable. Any fair reasonable doubt concerning the existence of power is resolved by the courts against the corporation...
Page 132 - ... to establish a defence, on the ground of insanity, it must be clearly proved that, at the time of the committing of the act, the party accused was labouring under such a defect of reason, from disease of the mind, as not to know the nature and quality of the act he was doing ; or, if he did know it, that he did not know he was doing what was wrong.
Page 814 - Again, the rule, as promulgated by the legislature, is that "the distinction between an accessory before the fact and a principal, and between principals in the first and second degree, in cases of felony, is abrogated ; and all persons concerned in the commission of a felony, whether they directly commit the act constituting the offense, or aid and abet in its commission, though not present, shall hereafter be prosecuted, tried and punished as principals...
Page 407 - No foreign corporation shall do any business in this State without having one or more known places of business, and an authorized agent or agents in the same upon whom process may be served.
Page 27 - An injunction may be granted in the following cases : 1. Wlien it shall appear by the complaint that the plaintiff is entitled to the relief demanded, and such relief, or any part thereof, consists in restraining the commission or continuance of the act complained of, either for a limited period or perpetually. 2. When it shall appear by the complaint or affidavit that the commission or continuance of some act during the litigation would produce great or irreparable [injury] to the plaintiff.
Page 211 - The distinction between actions at law and suits in equity, and the forms of all such actions and suits, heretofore existing, are abolished ; and, there shall be in this state, hereafter, but one form of action, for the enforcement or protection of private rights and the redress of private wrongs, which shall be denominated a civil action.
Page 606 - The first pleading on the part of the people is the indictment or information. 1880 — 12. 950. The indictment or information must contain: 1. The title of the action, specifying the name of the court to which the same is presented, and the names of the parties; 2. A statement of the acts constituting the offense, in ordinary and concise language, and in such manner as to enable a person of common understanding to know what is intended.
Page 429 - The Legislature shall not in any manner create any debt or debts, liability or liabilities which shall, singly or in the aggregate, with any previous debts or liabilities, exceed the sum of three hundred thousand dollars, except in case of war, to repel invasion or suppress insurrection...
Page 800 - All persons concerned in the commission of a crime, whether it be felony or misdemeanor, and whether they directly commit the act constituting the offense, or aid and abet in its commission, or, not being present, have advised and encouraged its commission...
Page 295 - ... second, those necessarily or fairly implied in or incident to the powers expressly granted ; third, those essential to the declared objects and purposes of the corporation — not simply convenient, but indispensable. Any fair, reasonable doubt concerning the existence of power is resolved by the courts against the corporation, and the power is denied.