Presley v. Dean

Citations

• 10 Idaho 375
• 79 P. 71
• 1904 Ida. LEXIS 45

Syllabus

<p>Pbactice irr Justices’ Courts — Change of Yenue — Jurisdiction— Statutory Provision — Costs.</p> <p>1. Where a defendant on being granted a change of venue refuses to pay the costs of mating a transcript of the justice’s docket, provided by subdivision 1 of section 4643, Devised Statutes, it is the duty of the justice of the peace to proceed and try the case.</p> <p>2. Where a defendant has obtained a change of venue, conditioned upon payment of the costs of a transcript of the docket, and fails to pay such costs, the oral notice of the justice to the attorney of the defendant that he will proceed and try the ease at a certain time is sufficient.</p> <p>3. A court of equity will not relieve a party where he has had a plain, speedy and adequate remedy at law, which by his own negligence, he has refused to avail himself of.</p> <p>4. Where a justice of the peace has obtained jurisdiction of the person of the defendant, his jurisdiction continues until the action is legally disposed of.</p> <p>5. Under the facts of this case, it was the duty of the justice of the peace to proceed and try the ease when the defendant refused to pay the costs of the transcript required for a change of venue.</p> <p>(Syllabus by the court.)</p>