(DOWNLOAD) "David A. Carter and William D. Josman v." by Supreme Court of Idaho No. 13995 # eBook PDF Kindle ePub Free
eBook details
- Title: David A. Carter and William D. Josman v.
- Author : Supreme Court of Idaho No. 13995
- Release Date : January 17, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
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.