Gans v. Steele

Citations

• 7 Idaho 143
• 61 P. 286
• 1900 Ida. LEXIS 20

Syllabus

<p>Whit of Review — Jurisdiction-—Piling op Petition. — Application and affidavit were presented to the district judge at chambers for writ of review. Writ was issued on November 21, 1899. Application filed December 6, 1899. Held, sufficient, as there is nothing in the statute requiring the application to be filed before the writ is granted.</p> <p>COURTS op Record. — The law does not eonfine the issuance of writs of review to courts of record, but that a writ may issue to any inferior tribunal, board or officer exercising judicial functions upon proper showing in cases where there is no plain and speedy remedy.</p> <p>Appeal from Order of Probate Court. — The statute does not provide an appeal from an order of a probate court made in a proceeding supplemental to execution, and the only means of reviewing such order is by writ of review.</p> <p>Jurisdiction — Section 3890 op the Revised Statutes. — Section 3890 of the Revised Statutes gives a district judge, at chambers, jurisdiction to issue writs of review.</p> <p>Defective Writ — Demurrer.—A writ issued, defective upon its face, does not affect the jurisdiction of the judge and such defect must be reached by demurrer or motion to quash,</p> <p>(Syllabus by the court.)</p>