Porter v. Speno

Citations

• 13 Idaho 600
• 92 P. 367
• 1907 Ida. LEXIS 70

Syllabus

<p>Injunction — Order Granting oe Denting Application — Appealable.</p> <p>1. An order -which finds that an applicant is entitled, to an injunction, and further provides that an injunction will not be in-effect until the expiration of thirty days from the date of thg order,, and will then be in effect if no appeal is then perfected to the supreme court, and an appeal is taken within said thirty days, is not. an order granting an injunction, and an appeal therefrom as from an order granting an injunction will be dismissed on motion.</p> <p>2. Our statute in regard to injunctions contemplates the granting-of the writ if the party is entitled to it. It does not contemplate-granting it in futuro or granting it on condition that no appeal is. taken from such order.</p> <p>3. If an application for an injunction is prematurely made, it, ' should be denied.</p> <p>4. Appellate courts do not determine moot questions.</p> <p>(Syllabus by the court.)</p>