Gold Hunter Mining & Smelting Co. v. Holleman

Citations

• 3 Idaho 99
• 27 P. 413
• 1891 Ida. LEXIS 19

Syllabus

<p>Writ op Review — Parties to — Intervener—Receiver—Action Commenced When.</p> <p>Who Entitled to Writ op Review. — To entitle a petitioner to writ of review lie must be a party to the suit or matter in controversy. Intervener’s Rights in a Suit. — That an intervener is a party to a suit, and his substantial rights are as sacred as the original party’s and entitled to the same protection.</p> <p>Same. — That an intervener is entitled to a writ of review, equally with the original parties to the suit.</p> <p>Receiver, When can be Appointed. — A receiver cannot be appointed prior to the commencement of an action.</p> <p>Action, When Commenced. — An action is not commenced until a complaint is placed in the hands of the clerk, or deposited in his office with directions to file the same.</p> <p>Same. — An action is not pending until it is commenced.</p> <p>(Syllabus by the court.)</p>