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REPORTS

OF

CASES ARGUED AND DETERMINED

IN THE

SUPREME COURT

OF

STATE OF IDAHO.

BY I. W. HART.

(Ex-officio Reporter.)

VOLUME 19.

SAN FRANCISCO:

BANCROFT-WHITNEY COMPANY,

1911.

Copyright, 1911.

By I. W. HART.

(For the benefit of the State of Idaho.)

OCT 20 1911

SAN FRANCISCO:
THE FILMER BROTHERS ELECTROTYPE COMPANY,
TYPOGRAPHERS AND STEREOTYPERS.

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.Elected 1910

CARL A. DAVIS, 3d District...

JOHN F. MACLANE, 3d District. Appointed January 19, 19112 EDWARD A. WALTERS, 4th District...... Re-elected 1910 C. O. STOCKSLAGER, 4th District. Appointed Feb. 13, 19113 ALFRED BUDGE, 5th District...

J. M. STEVENS, 6th District.

ED. L. BRYAN, 7th District.

ROBERT N. DUNN, 8th District.....

...Re-elected 1910

.Re-elected 1910

.Re-elected 1910

.Elected 1910

J. M. FLYNN, 8th District.......Appointed March 9, 19114 JAMES G. GWINN, 9th District..Appointed March 31, 19115

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1 Sec. 6, art. 5 of the constitution was amended at the general election in 1910, to provide that in case of the illness or absence of one of the supreme court judges a district judge may be called in to sit with the court at the hearing of any cause where such vacancy occurs. It is under the provision of this amendment that a district judge Occasionally sat on the bench of the supreme court during the period covered by this volume, and participated in the decisions of the court.

2 As provided by Act of January 19, 1911. 3 As provided by Act of February 13, 1911. 4 As provided by Act of March 1, 1911.

5 As provided by Act of February 25, 1911.

ATTORNEYS ADMITTED DURING THE PERIOD

COVERED BY THIS VOLUME.

(From October 25, 1910, to May 8, 1911, being a continuation of the roll of

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Bacon, James B....... . Feb. 4, 1911
Beebe, Claude S..
Feb. 9, 1911
Bixby, William W.. .. Nov. 4, 1910
Block, Samuel F........Jan. 21, 1911
Cannon, Edward J.. ...Oct. 27, 1910
Coffin, Thomas C........Feb. 8, 1911
Cromwell, Chas. G... .Feb. 24, 1911
Curry, Marion T.. .......Oct. 31, 1910
Dudley, Frederic M.....Oct. 28, 1910
Elder, Edgar S..
Elliott, Thomas.
Fisher, James T..

...Oct. 31, 1910 Mar. 6, 1911 .Feb. 16, 1911

Fletcher, Aubrey L..... .Feb. 15, 1911
Hall, Oliver M......... Feb. 10, 1911
Hannah, William J.. .Mar. 27, 1911
Hazel, Harry C...
Feb. 6, 1911
Heydecker, Coral T.....Mar. 9, 1911
Hornibrook, Edward J...Jan. 17, 1911

(iv)

Date Admitted Hornibrook, Wm. H... Mar. 4, 1911 Hunter, Clare S.......Feb. 14, 1911 McCarthy, Frank M.....Oct. 25, 1910 McFadden, Geo. J.. Mar. 27, 1911 Morrison, Walter F., Jr.. Mar. 28, 1911 Nelson, Ralph S........ .April 5, 1911 Padgham, Geo. W....... Feb. 6, 1911 Poole, Charles W.. Rebbe, Henry L.. Rice, Joseph.... Ryan, Thomas. Selby, Albert E..

Mar. 8, 1911 Dec. 15, 1910 .Mar. 31, 1911

.Feb. 9, 1911

Mar. 27, 1911

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TABLE OF CASES REPORTED-VOL. 19.

Page

Angell v. Continental Oil Co.......
Anderson, Progressive Irrigation District v....
Application of Peterson

746

504

433

Application of Small

1

...

Azcuenaga, Rios v....

739

Azcuenaga Bros. Livestock and Land Co. v. Corta...

537

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Black Canyon Irrigation District v. Marple....
Bohney, Richardson v......

176

369

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City of Nampa v. Nampa & Meridian Irrigation District.

779

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Commercial National Bank of St. Anthony, Jenkins v................

290

Continental Oil Co., Angell v.....

746

Corta, Azcuenaga Bros. Livestock and Land Co. v....

537

Coughanour v. Grayson

....

255

County of Kootenai, Northern Pacific Railway Co. v...

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