Elliott v. McCrea
Idaho Supreme Court
Original action for a writ of mandate. Demurrer to petition overruled and peremptory writ granted. The legislature has power to prescribe the manner in which a municipality or other political division of the state may be created. {Hogar v. Reclamation Dist., Ill U.- S. 701, 4 Sup. Ct. 663, 28 L. ed. 569; Fallbroolc Irr. Hist. v. Bradley, 164 U. S. 112, 17 Sup.
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Original action for a writ of mandate. Demurrer to petition overruled and peremptory writ granted. The legislature has power to prescribe the manner in which a municipality or other political division of the state may be created. {Hogar v. Reclamation Dist., Ill U.- S. 701, 4 Sup. Ct. 663, 28 L. ed. 569; Fallbroolc Irr. Hist. v. Bradley, 164 U. S. 112, 17 Sup. Ct. 56, 41 L. ed. 369; 2 Wiel on "Water Rights, p. 1250; 1 Abbott on Municipal Corp., sec. 21.) There is no inhibition in the constitution of Idaho against creating an indebtedness by a municipal .body without submitting the question to…
1Opinion of the CourtAilshie, C. J.
— This action involves the constitutionality of House Bill No. 92, passed by the twelfth session of the legislature and approved by the governor on the 21st of February last, and entitled “An act to provide for the establishment of drainage districts, and the construction and maintenance of a system of drainage, and to provide for the means of payment of the costs thereof, and declaring an emergency. ’ ’
The parties have specifically waived all question as to the procedure adopted for the purposes of raising the constitutional questions involved and for the purposes of this ease both parties…
2Cases cited14 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Matter of RyersNew York Court of Appeals · 1878
- Pioneer Irrigation District v. BradleyIdaho Supreme Court · 1902
- People ex rel. Waterman v. FreemanCalifornia Supreme Court · 1889
9 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Hobson v. HansenDistrict Court, District of Columbia · 1967
- Ingard v. BarkerIdaho Supreme Court · 1915
- Oates v. RogersSupreme Court of Arkansas · 1940
- Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
- Hagan v. EllisSupreme Court of Florida · 1897
22 more not listed; retrieve them via the Exa API.