85 P. 921 | Idaho | 1906
This action was brought in the probate court of Latah county, to foreclose two laborers’ liens against the appellant Jones, who was the employer, upon the same crop of grain. The other appellants were interpleaded as defendants. The complaint contained the usual allegations of a complaint in this kind of an action. The appellant Jones appeared and demurred, and his demurrer being overruled, made no further appearance in the ease. The respondents, Miller and Mannering, did not appear, and the appellant, the Schreiber Implement Company, answered and put in issue the material allegations of the complaint, and for an affirmative defense they denied the jurisdiction of the probate court to hear and determine an action for the foreclosure of laborers’ liens, and also that the claim of the respondent Brewster was fraudulent. Other matters of affirmative defense were set up, but it is not necessary to state them here. After a trial of the case, the court entered judgment and deeree foreclosing
The framers of the constitution of the state of Idaho, by section 2 of article 5, have declared that the judicial power of the state shall be vested in a court for the trial of impeachments, a supreme court, district court, probate courts, courts of justices of the peace, and such other courts inferior to the supreme court as may be established by law for incorporated city or town. By section 9 of that act the jurisdiction of the supreme court is defined. By section 20 it is provided that district courts shall have original jurisdiction in all cases both at law and in equity, and such appellate jurisdiction as may be conferred by law. Section 21 of said article is as follows: “The probate courts shall be courts of record, and shall have original jurisdiction in all matters of probate, settlement of estates of deceased persons, and appointment
We therefore conclude that the amendment to paragraph 9 of section 3841 of the Revised Statutes, granting to the probate court jurisdiction to hear and determine actions to enforce mechanics’ and laborers’ liens, mortgages and other liens upon real and personal property, is in violation of the provisions of the clearly implied prohibition of section 21 of article 5 of the state constitution, and void. The judgment is therefore reversed and the case remanded, with instructions to dismiss the action. Costs in favor of the appellant.