Rural High School District No. 1 v. School District No. 58
Idaho Supreme Court
APPEAL from tbe Tenth Judicial District, for the County of Nez Perce. Hon. Wallace N. Scales, Judge. Judgment of District Court affirming order of County Commissioners segregating school district from rural high school district. A board of county commissioners is a tribunal with limited jurisdiction and only gwusi-judicial powers, and therefore jurisdiction is not presumed, but must affirmatively appear.
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APPEAL from tbe Tenth Judicial District, for the County of Nez Perce. Hon. Wallace N. Scales, Judge. Judgment of District Court affirming order of County Commissioners segregating school district from rural high school district. A board of county commissioners is a tribunal with limited jurisdiction and only gwusi-judicial powers, and therefore jurisdiction is not presumed, but must affirmatively appear. (Gorman v. Board of County Commrs., 1 Ida. 553; City of Ottawa v. Carey, 108 U. S. 110, 2 Sup. Ct. 361, 27 L. ed. 669.) The enactment permitting the segregation of a school district from a…
1Opinion of the CourtMccarthy, J.
A petition was filed with the board of county commissioners of Nez Perce county pursuant to chapter 122 of the Session Laws of 1915, now C. S. 866, asking for the segregation of School District No. 58 from Rural High School District No. 1. The board made the following order as shown in its minutes:
*225“43800. The Board now considers the Petition of C. C. Miles, et al., of School District No. 58 for segregation of said School District from Rural High School No. 1. It 'appearing to the Board that the petition contains the required two-thirds of the heads of families and residents of School District…
2Cases cited25 opinions
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