Legal Opinion

County of Canyon v. Toole

Idaho Supreme Court

Decided June 9, 1902PublishedCited by 3 opinions

APPEAL from District Court, Canyon County. The facts are fully stated in the opinion. The procedure by the board of county commissioners in opening a new road is in its nature partly legislative and partly judicial, and was adopted by the legislatures of this and sister states, not particularly as a safeguard for the protection of the rights of the individual, but to secure to the public a fair and intelligent use of the power delegated, having in mind the fact that county…

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APPEAL from District Court, Canyon County. The facts are fully stated in the opinion. The procedure by the board of county commissioners in opening a new road is in its nature partly legislative and partly judicial, and was adopted by the legislatures of this and sister states, not particularly as a safeguard for the protection of the rights of the individual, but to secure to the public a fair and intelligent use of the power delegated, having in mind the fact that county commissioners are generally men of practical minds and limited experience with legal rules and with parliamentary…

1Opinion of the CourtQdarles, C. J.

— This action was commenced by the appellant, as. plaintiff, to condemn a strip of land belonging to the respondent, J. J. Toole, twenty-five feet wide and one-half mile long, and another strip of land belonging to the respondent, J. L. Johnson, twenty-five feet wide and one-half mile long. The complaint alleges the corporate existence of the appellant county, after which the allegations in said complaint are as follows:

“1. That the county of Canyon, plaintiff herein, is a municipal corporation, created and existing by virtue of the laws of Idaho.
*504“2. That on April 5, 1899, there was filed…

2Cases cited1 opinion

  1. Humboldt Cty. v. DinsmoreCalifornia Supreme Court · 1888

3Cited by3 opinions

  1. Meservey v. GullifordIdaho Supreme Court · 1908
  2. Canyon County v. TooleIdaho Supreme Court · 1904
  3. On RehearingIdaho Supreme Court · 1908

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