Legal Opinion

Doan v. Board of Commissioners

Idaho Supreme Court

Decided March 16, 1891PublishedCited by 16 opinions

APPEAL from District Court, Logan County. The appellants, being, residents, taxpayers, property owners, and qualified electors, are proper plaintiffs, and are entitled to the relief sought, if the case presented by the complaint is otherwise sufficient. (High on Injunctions, 2d ed., secs. 1269, 1321; Bradley v. Commissioners, 2 Humph. 428, 37 Am.

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APPEAL from District Court, Logan County. The appellants, being, residents, taxpayers, property owners, and qualified electors, are proper plaintiffs, and are entitled to the relief sought, if the case presented by the complaint is otherwise sufficient. (High on Injunctions, 2d ed., secs. 1269, 1321; Bradley v. Commissioners, 2 Humph. 428, 37 Am. Dec. 563; Pomeroy on Remedies, 2d ed., sec. 142.) The wrong shown in the complaint is such an irreparable injury as entitles the plaintiffs to relief by injunction. (Commonwealth v. Railroad Co., 24 Pa. St. 159, 62 Am. Dec. 372; Hamilton v.…

1Opinion of the CourtMorgan, J.

Appellants, who were plaintiffs below, are residents, taxpayers, and qualified electors of the county of Logan, in this state. John Hailey, H. T. Smith, and J. S.Whitton, defendants, are members of the board of county commissioners of the said county of Logan. By authority of section 8, article 21 of the constitution, the governor, on the eighteenth day of July, 1890, “ordered an election to be held by the qualified electors of the state of Idaho at the usual voting places, or in such places as may be provided in each precinct, on the first day of October, 1890, for the purpose of electing…

2Cases cited4 opinions

  1. Ex Parte YergerSupreme Court of the United States · 1869
  2. Red Rock v. HenrySupreme Court of the United States · 1883
  3. McCool v. SmithSupreme Court of the United States · 1862
  4. Furman v. NicholSupreme Court of the United States · 1869

3Cited by16 opinions

  1. Williams v. BaldridgeIdaho Supreme Court · 1930
  2. Grice v. Clearwater Timber Co.Idaho Supreme Court · 1911
  3. Kessler v. FritchmanIdaho Supreme Court · 1911
  4. Rickey v. WilliamsWashington Supreme Court · 1894
  5. People ex rel. Lincoln County v. GeorgeIdaho Supreme Court · 1891

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