David A. Carter and William D. Josman v. Book Reviews
David A. Carter and William D. Josman v. by Supreme Court of Idaho No. 13995 Book Summary
Appellants brought a declaratory judgment action attacking their commitment to State Hospital South pursuant to the automatic commitment provisions of I.C. § 18-214. The district court dismissed the action and we affirm. The district court dismissed the declaratory judgment action on the basis that other adequate remedies were available, i.e., appeal of the original commitment and habeas corpus proceedings. I.R.C.P. 57 does, however, state that [the] existence of another adequate remedy does not preclude a judgment for declaratory relief in cases where it is appropriate. In Winther v. Village of Weippe, 91 Idaho 798, 801, 430 P.2d 689, 692 (1967), we also stated that where an alternative statutory or common law action may lie, the trial court should not dismiss a declaratory judgment action on that ground alone.
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| Book Name | David A. Carter and William D. Josman v. |
| Genre | Law |
| Author | Supreme Court of Idaho No. 13995 |
| Published | 17 June 1982, Thursday |
| Language | English |
| E-Book Size | 57.82 KB |
David A. Carter and William D. Josman v. (Supreme Court of Idaho No. 13995) Book Reviews 2024
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Summary of David A. Carter and William D. Josman v. by Supreme Court of Idaho No. 13995
The David A. Carter and William D. Josman v. book written by Supreme Court of Idaho No. 13995 was published on 17 June 1982, Thursday in the Law category. A total of 92 readers of the book gave the book 0 points out of 5.
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