McNutt v. Lemhi County
Idaho Supreme Court
APPEAL from the'District Court of the Sixth Judicial District for Lemhi County. Hon. J. H. Stevens, Judge. The amended petition or affidavit, and the stipulation of facts, show that none of the orders were ever appealed from, hence those orders are valid and bind the county.
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APPEAL from the'District Court of the Sixth Judicial District for Lemhi County. Hon. J. H. Stevens, Judge. The amended petition or affidavit, and the stipulation of facts, show that none of the orders were ever appealed from, hence those orders are valid and bind the county. (Johnson v. Savidge 11 Idaho, 204, 81 Pac. 616; Morgan v. Board of Commrs, 4 Idaho, 418, 39 Pae. 1118; Picotte v. Watt, 3 Idaho, 447, 31 Pac. 805; Rogers v. Hays, 3 Idaho, 597, 32 Pac. 259; Dunbar v. Board etc., 5 Idaho, 407, 49 Pac. 409; Corker v. Elmore Co. Commrs., 10 Idaho, 255, 77 Pac. 634; School Dist. No. 25 v.…
1Dissent
STOCKSLAGER, C. J.,
Dissenting. — I cannot see my way clear to concur in the conclusion reached by my associates. The facts were stipulated'and are fairly stated in the opinion, but the conclusion to be drawn from them is where I differ from the majority. As stated in the opinion, the contract was awarded to Mr. Penwell by the board of county commissioners after the clerk, on the order of the board, had advertised for bids. He completed the work, the road was accepted by the county through its legally constituted agents, and warrants were issued in compliance with the contract. No charge or…
2Cases cited5 opinions
- Rogers v. HaysIdaho Supreme Court · 1893
- School District No. 25 v. RiceIdaho Supreme Court · 1905
- Morgan v. County CommissionersIdaho Supreme Court · 1895
- Picotte v. WattIdaho Supreme Court · 1892
- Johnston v. SavidgeIdaho Supreme Court · 1905