Legal Opinion

People ex rel. Attorney General v. Alturas County

Idaho Supreme Court

Decided January 14, 1899PublishedCited by 22 opinions

APPEAL from District Court, Bannock County. Not only has the creation, organization and existence of Blaine county been repeatedly recognized and declared by the judiciary, but its recognition by the other co-ordinate departments of the state government has been no less unequivocal and explicit.

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APPEAL from District Court, Bannock County. Not only has the creation, organization and existence of Blaine county been repeatedly recognized and declared by the judiciary, but its recognition by the other co-ordinate departments of the state government has been no less unequivocal and explicit. The legislative department, by an act approved March 9, 1895, to provide for the annexation of a part of Blaine county to Custer county (Laws 1885, p. 141), a statute unimpeaehed and unimpeachable here, recognized Blaine county as one of the existing counties of the state, with the organization,…

1Opinion of the CourtQuarles, J.

— This action, in the nature of quo warranto, was commenced in the name of the state ex rel. attorney general, to recover judgment excluding the defendant, Blaine county, from exercising the rights, privileges, and powers of municipal government within the boundaries fixed by the act creating the county. The two questions raised by the record are these: Was the act of March 5, 1895, creating Pdaine county, prohibited by the provisions of article 18 of the constitution? Was said act passed in the manner prescribed by the provisions of article 3 of the constitution?

The first of these questions…

Also in this document: Concurrence.

2Cases cited15 opinions

  1. State ex rel. West v. City of Des MoinesSupreme Court of Iowa · 1896
  2. People v. MaynardMichigan Supreme Court · 1867
  3. Speer v. Board of County Com'rsCourt of Appeals for the Eighth Circuit · 1898
  4. Rumsey v. . the PeopleNew York Court of Appeals · 1859
  5. Cohn v. KingsleyIdaho Supreme Court · 1897

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3Cited by22 opinions

  1. State v. CarrCourt of Appeals for the Eighth Circuit · 1911
  2. McBee v. BradyIdaho Supreme Court · 1909
  3. Simpson v. Stoddard CountySupreme Court of Missouri · 1903
  4. City of Winter Haven v. State Ex Rel. LandisSupreme Court of Florida · 1936
  5. Scott v. GossettIdaho Supreme Court · 1945

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