Legal Opinion

McConnell v. State Board of Equalization

Idaho Supreme Court

Decided December 30, 1905PublishedCited by 12 opinions

ORIGINAL application for a writ of review. Writ denied. The constitutionality of a statute can be inquired into on certiorari. (Weed v. Mayor etc., 172 Mass. 28, 51 N. E. 204, 42 L. R. A. 642; Meller v. Board etc., 4 Idaho, 44, 35 Pac. 712; Dunn v. Sharp, 4 Idaho, 9&, 35 Pac. 842; Board of Aldermen v. Darrow, 13 Colo. 460,16 Am.

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ORIGINAL application for a writ of review. Writ denied. The constitutionality of a statute can be inquired into on certiorari. (Weed v. Mayor etc., 172 Mass. 28, 51 N. E. 204, 42 L. R. A. 642; Meller v. Board etc., 4 Idaho, 44, 35 Pac. 712; Dunn v. Sharp, 4 Idaho, 9&, 35 Pac. 842; Board of Aldermen v. Darrow, 13 Colo. 460,16 Am. St. Rep. 215, and note, 22 Pac. 784; Wilson v. City of Seattle, 2 Wash. 543, 27 Pac. 474; Levy v. Superior Court, 66 Cal. 292, 5 Pac. 353; Levan v. Richards, 4 Idaho, 667, 43 Pac. 574; Ah Fong v. McCalla, 7 Idaho, 20, 59 Pac. 930.) In proceedings analogous to writ of…

1Opinion of the CourtSullivan, J.

— This is an application for a writ of review to the state board of equalization requiring them to certify to this court for review all of their proceedings had and done at their August, 1905, meeting, which was held “for the purpose of equalizing taxation and assessments of the property for taxation throughout the state, and in the various counties thereof.”

*657It is alleged in the petition that in addition to performing the duties devolving upon said board by law, in violation of the provisions of article 7 of the constitution of the state of Idaho, and especially of section 6 of said article,…

2Cases cited8 opinions

  1. Quinchard v. Board of TrusteesCalifornia Supreme Court · 1896
  2. Central Pacific Railroad v. Board of EqualizationCalifornia Supreme Court · 1872
  3. Smith v. City of PortlandOregon Supreme Court · 1894
  4. Wright v. KelleyIdaho Supreme Court · 1895
  5. State Ex Rel. Fletcher v. OsburnNevada Supreme Court · 1898

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

3Cited by12 opinions

  1. Zeyen v. Pocatello/Chubbuck School Dist 25Idaho Supreme Court · 2019
  2. Lansdon v. State Board of CanvassersIdaho Supreme Court · 1910
  3. City of Fargo v. Annexation Review Commission of Cass CountyNorth Dakota Supreme Court · 1966
  4. Northwest Light & Water Co. v. AlexanderIdaho Supreme Court · 1916
  5. Barnett v. ReedIdaho Supreme Court · 1969

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