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PRENDERGAST v. DWYER

No. 9445.

398 P.2d 637 (1965)

Frank PRENDERGAST, Plaintiff-Respondent, v. Robert P. DWYER, Justice Court, County of Shoshone, State of Idaho, Defendant-Appellant.

Supreme Court of Idaho.

January 29, 1965.

Attorney(s) appearing for the Case

Allan G. Shepard, Atty. Gen., and M. Allyn Dingel, Jr., Asst. Atty. Gen., Boise, for appellant.

Brown, Peacock & Keane, Kellogg, for respondent.

SMITH, Justice.

Pursuant to stipulation of the parties, the trial court entered an order substituting Robert P. Dwyer as defendant-appellant in this matter in the place of John Hallock, who was justice of the peace of appellate justice court at the time of the commencement of this action.

This appeal presents the issue of the constitutionality of I.C. § 18-3804 as applied to respondent under the facts and circumstances...

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