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· 7/30/1910

Waters v. Dunn

Citations

  • 18 Idaho 450
  • 110 P. 258
  • 1910 Ida. LEXIS 45

Syllabus

<p>Prohibition — Writ op Mandate — Application por — Cause op Action— Demurrer — Injunction—Suspension Pending Appeal — Jurisdiction or Power op Court — Appealable Order.</p> <p>(Syllabus by the court.)</p> <p>1. The court may in its sound discretion suspend the operation of an injunction during an appeal.</p> <p>2. Seld, that on an application to enforce an injunction, a court has the authority to deny such application and make an order suspending the operation of the injunction pending an appeal.</p> <p>3. Whether the order involved in this case is an appealable order, quaere.</p> <p>4. Seld, that the demurrer to the complaint must be sustained on the ground that the complaint does not state a cause of action ■warranting the issuance of the writs prayed for.</p>

Judges: Ailshie, Sullivan

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