PEARSON v. WHITEMAN

No. 13026.

603 P.2d 585 (1979)

100 Idaho 630

Lynn PEARSON, Plaintiff-Respondent, v. The Honorable Robert WHITEMAN, Magistrate, Third Judicial District of the State of Idaho, Defendant-Appellant.

Supreme Court of Idaho.

November 29, 1979.


Attorney(s) appearing for the Case

David H. Leroy, Atty. Gen., Lynn E. Thomas, Eugene A. Ritti, Deputy Attys. Gen., Boise, for defendant-appellant.

John K. Gatchel, Payette, for plaintiff-respondent.

Before DONALDSON, C.J., McFADDEN and BISTLINE, JJ., and SCHROEDER and WARD, JJ. Pro Tem.


PER CURIAM.

The issue presented on appeal is whether the district court erred in determining that there was an insufficient record to sustain a finding of contempt by a judge of the magistrates division of the district court upon the basis that the tape recorded record of the proceedings held at trial had been lost at the time the case was reviewed by the district court. A review of the record indicates that the issue is moot and that, therefore, the order of the...

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