Coeur D'Alene Mining Co. v. Woods

Citations

• 15 Idaho 26
• 96 P. 210
• 1908 Ida. LEXIS 82

Syllabus

<p>Writ op Beview — Eminent Domain — Authority to Exercise Bights— Public Use — A More Necessary Public Use — Greatest Public Benefit — Least Private Injury.</p> <p>1. Under the provisions of see. 4962, Bev. Stat., a writ of review may be granted when an inferior tribunal, board or officer exercising judicial functions, has exceeded the jurisdiction of such tribunal, board or officer, and there is no appeal, nor, in the judgment of the court, any plain, speedy and adequate remedy.</p> <p>2. Under the provisions of our statute granting the power of eminent domain, the district court, or judge thereof, has jurisdiction to determine'^ the right'and necessity for the exercise of that right, and if, on a hearing of an application to appoint commissioners to assess damages, he rejects certain evidence offered in regard to the location of the right of way sought to be condemned, or the necessity thereof, his aetion may be reviewed on an appeal, but cannot be reviewed on certiorari.</p> <p>(Syllabus by the court.)</p>