Havens v. Stewart

Citations

• 7 Idaho 298
• 62 P. 682
• 1900 Ida. LEXIS 49

Syllabus

<p>Order Striking Complaint Prom Piles — Effect of — Appeal —Pinal Judgment — District Court — Mandamus. — It is the duty of the district court in a case where the complaint is stricken from the files to order a formal judgment, and have the same entered, dismissing the action so that the plaintiff may avail himself of his constitutional right to appeal. Mandamus is the proper remedy to compel the entry of a final judgment in a case where the district court strikes plaintiff’s complaint from the files and refuses to order the entry of final judgment.</p> <p>(Syllabus by the court.)</p>