Wayne v. Alspach

Citations

• 20 Idaho 144
• 116 P. 1033
• 1911 Ida. LEXIS 79

Syllabus

<p>“Subject Matter” Defined — Jurisdiction of Person — Waiver of Jurisdiction — Judicial Discretion.</p> <p>(Syllabus by the court.)</p> <p>1. Tbe pbrase “subject matter” as used in an inquiry as to jurisdiction means tbe thing in issue or the authority of the court to exercise judicial power over the class of cases or proceedings to which the one under consideration belongs.</p> <p>2. The court having jurisdiction of the “subject matter,” and having acquired jurisdiction of the “person,” has complete jurisdiction.</p> <p>3. If the court has jurisdiction of the “subject matter” and a party litigant invokes such jurisdiction, he cannot afterward be heard to question it.</p> <p>4. Parties litigant can by consent confer jurisdiction on a court of their “person”; they cannot by consent confer jurisdiction on a court of the “subject matter.”</p> <p>5. Trial courts, or the judges thereof, are vested with a judicial discretion in the granting or refusal of temporary injunctions where the facts are in serious dispute which will not be disturbed on appeal unless such order appears clearly erroneous or to be an abuse of sound judicial discretion.</p>