Legal Opinion

School District No. 8 v. Twin Falls County Mutual Fire Insurance

Idaho Supreme Court

Decided May 4, 1917PublishedCited by 37 opinions

APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. E. A. Walters, Judge. Action upon a contract of insurance. Judgment for plaintiff. The board not having the power to make such a contract could not create a liability against the district, and they could be prevented from paying an assessment, particularly if beyond the statutory limitation.

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APPEAL from the District Court of the Fourth Judicial District, for Twin Falls County. Hon. E. A. Walters, Judge. Action upon a contract of insurance. Judgment for plaintiff. The board not having the power to make such a contract could not create a liability against the district, and they could be prevented from paying an assessment, particularly if beyond the statutory limitation. (Nuckols v. Lyle, 8 Ida. 589, 70 Pac. 401; Hampton v. Commrs. of Logan County, 4 Ida. 646, 43 Pac. 324; McNutt v. Lincoln Co., 12 Ida. 63, 84 Pac. 1054.) In creating legal liabilities, the board of a school…

1Opinion of the CourtRice, J.

This action was instituted by the respondent in the district court for Twin Falls county to recover upon an alleged contract of insurance. From a judgment in favor of respondent this appeal was taken. In the complaint it is alleged that the plaintiff below, respondent here, is a school district organized under the laws of this state; that the defendant, appellant here, is a mutual fire insurance company organized under the laws of this state and doing business in Twin Falls county. It is further alleged that the respondent applied to appellant for insurance on its school building, and that…

2Cases cited12 opinions

  1. City Council of Montgomery v. Montgomery & Wetumpka Plank-Road Co.Supreme Court of Alabama · 1857
  2. Fenton v. Board of County CommissionersIdaho Supreme Court · 1911
  3. Portland v. Bituminous Paving Co.Oregon Supreme Court · 1898
  4. Pioneer Irrigation District v. WalkerIdaho Supreme Court · 1911
  5. Atkinson v. Board of CommissionersIdaho Supreme Court · 1910

7 more not listed; retrieve them via the Exa API.

3Cited by37 opinions

  1. Village of Moyie Springs v. Aurora Manufacturing Co.Idaho Supreme Court · 1960
  2. Engelking v. Investment BoardIdaho Supreme Court · 1969
  3. Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
  4. State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
  5. State v. Northwestern Mutual Insurance CompanyArizona Supreme Court · 1959

32 more not listed; retrieve them via the Exa API.

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