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63 Idaho 128

118 P.2d 737

Bower v. Smith

Idaho Supreme Court

Decided October 14, 1941

Idaho Supreme Court · decided 1941-10-14

Good law ✅— No negative treatment on recordhow we know

Decided 1941-10-14

How this case has been cited

Cited by 14 later decisions — most recently February 2017

14 state decisions

5019411950196019701980199020002010decided

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

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MORGAN, J.,

¶1 concurring. — I concur in the affirmance of the order of the industrial accident board, but am not in accord with the following portion of the opinion:

¶2*136 “To permit appellant to reopen this case would subject to attack every award and decision of the board heretofore rendered and thus create great confusion and uncertainty in that there never could be any finality to the awards and decisions of the Industrial Accident Board.”

¶3 Appellant has been accorded due process of law in this case. If he had not had due process of law, the effect of a decision on other cases, protecting him in his constitutional rights, should not, and would not, justify a denial of relief to him.

BUDGE, C.J., deeming himself disqualified, did not sit at the hearing or participate in the decision.
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