Glenn Dale Ranches, Inc. v. Shaub
This text of 522 P.2d 61 (Glenn Dale Ranches, Inc. v. Shaub) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
This is an appeal from an order of the district court wherein the court held appellant Norris Shaub in contempt for violating a permanent injunction which prohibited appellant from diverting more than 10 miners inches of water from the Mendini Tunnel.
An order holding a person in contempt is not an appealable order under I.C. § 7-614. In Barnett v. Reed, 93 Idaho 319, 460 P.2d 744 (1969), this Court stated:
“While the order holding a person in contempt is not appealable under I.C. § 7-614, the writ of review has. been recognized as a proper method by which the actions of a court in a contempt proceeding can be reviewed. Mathison v. Felton, 90 Idaho 87, 408 P.2d 457 (1965).” 93 Idaho at 321, 460 P.2d at 746.
Appellant may petition for a writ of review in accordance with the procedures set forth in I.C. § 7-201 et seq. See Dutton v. District Court of Third Judicial District, County of Owyhee, 95 Idaho 720, 518 P.2d 1182 (1974).
Appeal dismissed. No costs allowed.
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Cite This Page — Counsel Stack
522 P.2d 61, 95 Idaho 853, 1974 Ida. LEXIS 525, Counsel Stack Legal Research, https://law.counselstack.com/opinion/glenn-dale-ranches-inc-v-shaub-idaho-1974.