Legal Opinion

County of Ada v. Bullen Bridge Co.

Idaho Supreme Court

Decided February 6, 1897PublishedCited by 7 opinions

APPEAL from District Court, Ada County. This action was brought by Ada county for the purpose of' having certain warrants drawn on the general bridge fund of' said county in the years 1891, 1892 and 1893, declared null and void and for the cancellation of said warrants.

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APPEAL from District Court, Ada County. This action was brought by Ada county for the purpose of' having certain warrants drawn on the general bridge fund of' said county in the years 1891, 1892 and 1893, declared null and void and for the cancellation of said warrants. One question presented at the very outset, of the utmost importance, and which if decided against us would settle the controversy in favor of the respondents, is the right of the county to bring suit to cancel its warrants claimed to be void. The-right absolutely and necessarily exists and can be exercised at. any time, and…

1Opinion of the CourtSullivan, C. J.

A petition ior rehearing was granted. The cause was first submitted to this court without oral argument, but on this hearing the case was fully presented by oral argument and printed briefs. A number of additional authorities were cited. As the facts of the case are fully stated in the former opinion, it is not necessary to repeat them here. The appeal is from the order and judgment of the district court sustaining a demurrer to the complaint. This is a suit, in equity, for the cancellation of certain' county warrants issued by the plaintiff county to the defendant, the Bullen Bridge Company.

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2Cases cited19 opinions

  1. United States v. SmithSupreme Court of the United States · 1877
  2. Atlantic Delaine Co. v. JamesSupreme Court of the United States · 1877
  3. Grand Chute v. WinegarSupreme Court of the United States · 1873
  4. Town of Venice v. . WoodruffNew York Court of Appeals · 1875
  5. Allerton v. . BeldenNew York Court of Appeals · 1872

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3Cited by7 opinions

  1. Johnson v. SwankeWisconsin Supreme Court · 1906
  2. H. J. McNeel, Inc. v. Canyon CountyIdaho Supreme Court · 1954
  3. Harrison v. Russell & Co.Idaho Supreme Court · 1909
  4. School District No. 25 v. RiceIdaho Supreme Court · 1905
  5. Miller v. KettenbachIdaho Supreme Court · 1910

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