Best v. Broadhead
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District (now the Eighth) for Kootenai County. Hon. W. W. Woods, Judge. Action to recover damages for animals alleged to have been appropriated by the defendant. Judgment for the plaintiff. The court must either say that the legislature by adding the words “other animals” did not mean what it said and added superfluous words, or these words must be construed in. their ordinary meaning.
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APPEAL from the District Court of the First Judicial District (now the Eighth) for Kootenai County. Hon. W. W. Woods, Judge. Action to recover damages for animals alleged to have been appropriated by the defendant. Judgment for the plaintiff. The court must either say that the legislature by adding the words “other animals” did not mean what it said and added superfluous words, or these words must be construed in. their ordinary meaning. (Sec. 15, Rev. Codes; Henderson v. Wabash etc. By. Go., 81 Mo. 605; Decatur Bank v. St. Louis Bank, 21 Wall. 294, 22 L. ed. 560; Waters v. People, 23 Colo.…
1Opinion
ON REHEARING.
Ezra R. Whitla, for Appellant. “The object and purpose of the title is to show the general character of the ordinance, so that anyone may not be misled thereby.” (State v. Calloway, 11 Ida. 719,114 Am. St. 285, 84 Pac. 27, 4 L. R. A., N. S., 109; Village of St. Anthony v. Brandon, 10 Ida. 205, 77 Pac. 322; Pioneer Irr. Dist. v. Bradley, 8 Ida. 310, 101 Am. St. 201, 68 Pac. 295; 28 Cyc. 379; State v. Nebraska Telephone Co., 127 Iowa, 194, 103 N. W. 120.) If the title of the ordinance does not mislead or deceive the people or the council as to the purpose or effect of the…
2Cases cited28 opinions
- City of Tarkio v. CookSupreme Court of Missouri · 1894
- Pioneer Irrigation District v. BradleyIdaho Supreme Court · 1902
- City of Jacksonville v. LedwithSupreme Court of Florida · 1890
- Cascaden v. City of WaterlooSupreme Court of Iowa · 1898
- City of Cape Girardeau v. RileySupreme Court of Missouri · 1873
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