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Glenn Dale Ranches, Inc. v. Shaub
1974 Ida. LEXIS 525
| Idaho | 1974
|
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522 P.2d 61 (1974)
95 Idaho 853

GLENN DALE RANCHES, INC., an Idaho corporation, Plaintiff-Respondent,
v.
Norris SHAUB, Defendant-Appellant,
Clara Terry Boyd et al., Defendants.

No. 11219.

Supreme Court of Idaho.

May 10, 1974.

T.V. Behm, Buhl, Webb, Pike, Burton & Carlson, Twin Falls, for defendant-appellant.

Hepworth, Nungester & Felton, John C. Hepworth, Buhl, for plaintiff-respondent.

PER CURIAM:

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.

Case Details

Case Name: Glenn Dale Ranches, Inc. v. Shaub
Court Name: Idaho Supreme Court
Date Published: May 10, 1974
Citation: 1974 Ida. LEXIS 525
Docket Number: 11219
Court Abbreviation: Idaho
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