Counties v. County of Alturas
Idaho Supreme Court
ORIGINAL proceeding in Supreme Court for writ of mandate. Division of counties and apportionment of indebtedness is purely a legislative function. (Laramie County v. Albany County, 92 TJ.
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ORIGINAL proceeding in Supreme Court for writ of mandate. Division of counties and apportionment of indebtedness is purely a legislative function. (Laramie County v. Albany County, 92 TJ. S. 306-315; North Homestead v. Homestead, 2 Wend. 134, 135; 1 Beach on Public Corporations, see. 435; Dillon on Municipal Corporations, 4th ed., sec. 189; Cooley on Taxation, 2d ed., 239, 685; Washington Co. v. Weld Co., 12 Colo. 152, 20 Pac. 273; Cooley’s Constitutional Limitations, 6th ed., 229, 230; Cooley on Taxation, 2d ed., 45, 46; Merriwether v. Garret, 102 U. S. 472; Angelí and Ames on Corporations,…
1Opinion of the CourtMobga.n, J.
(After Stating the Facts.) We will first examine the claim that the action is barred by the statute of limitations. We are referred to Wood on Limitations, section 53, wherein he states that the maxim, “Nullum, tempus occurrit regi ” only applies in favor of the sovereign power, and has no application to municipal corporations deriving their powers from the sovereign, although their powers, in a limited sense, are governmental, and refers in support thereof to County of St. Charles v. Powell, 22 Mo. 525, 66 Am. Dec. 637. This was a .case where a county attempted to recover from an individual…
2Cases cited6 opinions
- United States v. BoutwellSupreme Court of the United States · 1873
- Thompson v. United StatesSupreme Court of the United States · 1881
- Board of Supervisors v. City of LincolnIllinois Supreme Court · 1876
- Baker v. Johnson CountySupreme Court of Iowa · 1871
- County of St. Charles v. PowellSupreme Court of Missouri · 1856
1 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Board of Commissioners v. MontgomerySupreme Court of Georgia · 1930
- Bannock County v. BellIdaho Supreme Court · 1901
- Robertson v. Blaine CountyCourt of Appeals for the Ninth Circuit · 1898
- State v. PetersonIdaho Supreme Court · 1939
- Fremont County v. BrandonIdaho Supreme Court · 1899
5 more not listed; retrieve them via the Exa API.