Sanborn v. Pentland
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. W. F. McNaughton, Judge. Action to recover money illegally paid to commissioner of highway district. Judgment for defendant. The contracts upon which the defendant received the money from the district were illegal and void as being against the statutes and public policy of this state.
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APPEAL from the District Court of the Eighth Judicial District, for Bonner County. Hon. W. F. McNaughton, Judge. Action to recover money illegally paid to commissioner of highway district. Judgment for defendant. The contracts upon which the defendant received the money from the district were illegal and void as being against the statutes and public policy of this state. (C. S., secs. 386, 1515.) “Contract,” as the term is used in these statutes, embraces express as well as implied contracts. It is a comprehensive term embracing every kind of contract. (R. C. L. 586, 587.) Contracts…
1Opinion of the Court
RICE, C. J.-
-The appellant, as resident and taxpayer of Highway District No. 1, Bonner county, instituted this action against respondent, a member of the board of commissioners of the district, for the recovery of certain sums alleged to have been illegally paid to him while a member of the board.
From the record it appears that on April 7, 1919, the board passed a resolution allowing respondent $10 per month for the use of his office and furniture and for services rendered by him as notary public in taking verifications of claims against the district; that thereafter, pursuant to said…
2Cases cited5 opinions
- Levinson v. BoasCalifornia Supreme Court · 1907
- Independent School District No. 5 ex rel. Moore v. CollinsIdaho Supreme Court · 1908
- Tallman v. LewisSupreme Court of Arkansas · 1916
- McRoberts v. HoarIdaho Supreme Court · 1915
- Robinson v. HuffakerIdaho Supreme Court · 1912
3Cited by5 opinions
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- Payette Lakes Protective Ass'n v. Lake Reservoir Co.Idaho Supreme Court · 1948
- Choate v. North Fork Highway DistrictIdaho Supreme Court · 1924
- Benewah County v. MitchellIdaho Supreme Court · 1936
- Nampa Highway District No. 1 v. GravesIdaho Supreme Court · 1956