Legal Opinion · Dissent

Lincoln County v. Twin Falls North Side Land & Water Co.

Idaho Supreme Court

Decided February 25, 1913Published

APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action for debt. Judgment for plaintiff. Defendant appealed. Under sec. 1917, Rev. Codes, the board of county commissioners had power to settle the dispute as to the proper amount to be paid for recording. Even where a claim has been prosecuted to judgment, it is within the power of the board to compromise and settle the same.

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APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. Action for debt. Judgment for plaintiff. Defendant appealed. Under sec. 1917, Rev. Codes, the board of county commissioners had power to settle the dispute as to the proper amount to be paid for recording. Even where a claim has been prosecuted to judgment, it is within the power of the board to compromise and settle the same. (Multnomah, County v. Title Guaranty & Trust Go., 46 Or. 523, 80 Pae. 409; State v. Davis, 11 S. D. Ill, 74 Am. St. 780, 75 N. W. 897; Caldwell ■v. County…

1Dissent

SULLIYAN, J.,

Dissenting. — I am unable to concur in the conclusion reached by my associates. Under the facts of this case the judgment ought to be reversed. The appellant is a corporation, and was engaged in the construction of what is known as a Carey Act reclamation project in Lincoln county, embracing about 250,000 acres of land, and the estimated cost of the reclamation works and system is $5,700,000. I will not go into detail here as to the operations of this company in making contracts for the sale of water rights. It is sufficient to say that the disposal of the water rights held by…

2Cases cited6 opinions

  1. Cady v. PurserCalifornia Supreme Court · 1901
  2. Indiana v. MilkDistrict Court, D. Indiana · 1882
  3. Vidor v. RawlinsTexas Supreme Court · 1900
  4. County of Douglas v. BennettNebraska Supreme Court · 1901
  5. United States v. Wallamet Val. & C. M. Wagon-Road Co.U.S. Circuit Court for the District of Oregon · 1890

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