State ex rel. Missoula Mercantile Co. v. Whelan

Citations

• 6 Idaho 78
• 53 P. 2
• 1898 Ida. LEXIS 25

Syllabus

<p>Mandamus — Order to Sell Real Estate — Appealable Order.— Under the provisions of subdivision 5, section 4831, of the Revised Statutes, an order denying the issuance of an order to show cause why the real estate of a decedent should not be sold to '• pay claims against his estate is an appealable order. A plain, speedy and adequate remedy by appeal having been thus provided, a writ of mandate will not issue to compel the issuance of such order..</p> <p>(Syllabus by the court.)’</p>