Legal Opinion

City of Nampa v. Nampa & Meridian Irrigation District

Idaho Supreme Court

Decided February 22, 1913PublishedCited by 10 opinions

APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action for a writ of mandate. Judgment for plaintiffs. Defendant appealed. On the former appeal in this case paragraphs 4 and 5 of the complaint were held on general demurrer to sufficiently state a grant, ordinance or contract franchise between the city of Nampa and this appellant, which would bind the parties thereto.

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APPEAL from the District Court of the Seventh Judicial District for Canyon County. Hon. Ed. L. Bryan, Judge. Action for a writ of mandate. Judgment for plaintiffs. Defendant appealed. On the former appeal in this case paragraphs 4 and 5 of the complaint were held on general demurrer to sufficiently state a grant, ordinance or contract franchise between the city of Nampa and this appellant, which would bind the parties thereto. The opinion cites a number of cases, all of which relate to corporations organized for the purpose of furnishing water to the inhabitants of a municipal corporation and…

1Opinion of the CourtAilshie, C. J.

— This action was instituted by the city of Nampa and J. H. 'Walling, George Everett and G. W. Lam-son, the former as a municipal corporation and the individuals as water users within the corporate limits of the city, praying for a writ of mandate against the defendant irrigation district to compel the district to deliver water to its water consumers within the corporate limits of the city of Nampa through underground pipes. A demurrer to the complaint was sustained and an appeal was taken by the plaintiffs to this court, and the judgment of the lower court was reversed (City of Nampa, v.…

2Cases cited9 opinions

  1. Hunter v. PorterIdaho Supreme Court · 1904
  2. City of Nampa v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1911
  3. Hall v. BlackmanIdaho Supreme Court · 1904
  4. Steve v. Bonners Ferry Lumber Co.Idaho Supreme Court · 1907
  5. Nampa & Meridian Irrigation District v. BroseIdaho Supreme Court · 1905

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3Cited by10 opinions

  1. Colburn v. WilsonIdaho Supreme Court · 1913
  2. Vinyard v. North Side Canal Co., Ltd.Idaho Supreme Court · 1929
  3. City of Twin Falls v. HarlanIdaho Supreme Court · 1915
  4. State ex rel. Clarke v. Gering Irrigation DistrictNebraska Supreme Court · 1923
  5. Robbins v. Joint Class A. School Dist. No. 331Idaho Supreme Court · 1952

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