Porter v. Steele
Porter v. Steele
Opinion of the Court
This is an application for a writ of review-On' the fourteenth day of October, 1899, the petitioner was granted by the district court of Nez Perces county, Idaho, a de
“Sept. Term, 1900, Seventh Judicial Day, September 11th,. 1900. Among others, the following proceedings were had (pages 411 and 412 of records of district court) : No. 255-|v Mary A. Porter, Plaintiff, v. L. A. Porter, Defendant. On motion of E. O’Neill, Esq., this cause is placed upon the calendar, and now this ease comes on regularly on petition of L. A. Porter-for order of court granting privilege of said L. A. Porter’s children to visit him when they desire. Mary A. Porter, L. H. Sprague, G. C. Goldman, A. McLeod, H. K. Kline, as interpreter, Erzie Todd, E. A. Langford, George Bunn, Eobert Smith,, and Mrs. Leon Porter are duly sworn and examined against the-granting of said petition, and L. A. Porter, Sarah A. Spear, Carrie Evans, and E. S. Kummorly are duly sworn and examined in behalf of said defendant. Their testimony concluded, defendant rests, and the case is submitted to and taken under-*416 adyisement by the court. Court now adjourns till 9 :30 A. M. to-morrrow.
“EDGAR C. STEELE,
“Judge.”
“September Term, 1900. Tenth Judicial DajL September ,14th, 1900 (page 419, records of district court) : No. 255-J. Mary A. Porter, Plaintiff, v. L. A. Porter, Defendant. The court at this time grants the petition of defendant L. A. Porter asking that an order be entered granting privilege of having his children visit him, the petition having been heretofore submitted and taken under advisement. Order is to be entered accordingly. Exceptions granted to plaintiff.
“EDGAR C. STEELE, •
“Judge.”
Another reason why the writ of review will not lie is that the order complained of was an order made after judgment, from which an appeal will lie under our statutes. Any errors that may have been committed in the order or in the granting of it can only be corrected on appeal. Writ dismissed, and proceedings affirmed, with costs to defendant.
Reference
- Full Case Name
- PORTER v. STEELE, Judge
- Status
- Published
- Syllabus
- Writ op Review — Hearing by Court. — Where the writ of review is asked upon the ground that the judge of the district court, had exceeded his jurisdiction in hearing and determining the-cause at chambers and the return to the writ, which return contains a copy of the court record, shows that the cause was heard, and determined by the court at a regular term thereof, the writ, will be discharged. (Syllabus by the court.)