Emmett Irrigation District v. Shane
Idaho Supreme Court
APPEAL from the District Court of tbe Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. An action to determine the validity of the organization of the Emmett Irrigation District and the issuance of its bonds. Judgment for plaintiff irrigation district. Defendant appeals. It is well settled that a law which acts upon a whole class alike cannot be said to contravene the prohibition of special legislation.
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APPEAL from the District Court of tbe Seventh Judicial District, for Canyon County. Hon. Ed. L. Bryan, Judge. An action to determine the validity of the organization of the Emmett Irrigation District and the issuance of its bonds. Judgment for plaintiff irrigation district. Defendant appeals. It is well settled that a law which acts upon a whole class alike cannot be said to contravene the prohibition of special legislation. But this broad proposition must be taken subject to the qualification that the class upon which the law alone operates must be set aside as a class for some reason…
1Opinion of the Court
BUDGE, District Judge.
This action was brought under the procedure of sec. 2401, Rev. Codes, to secure a confirmation of the proceedings had in connection with the organization of. *335the Emmett Irrigation District and the issuance of $1,100,000 of the bonds of said district.
In its petition the plaintiff below and respondent here sought a decree of the district court adjudging its organization and the issuance of its bonds to be regular and valid, and set out the various steps taken for the organization of the district and for the issuance of said bonds. The defendant below and appellant here…
2Cases cited5 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Pioneer Irrigation District v. BradleyIdaho Supreme Court · 1902
- Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904
- Hettinger v. Good Road District No. 1Idaho Supreme Court · 1911
- Nampa & Meridian Irrigation District v. BroseIdaho Supreme Court · 1905
3Cited by5 opinions
- Hendrich v. Walker River Irrigation DistrictNevada Supreme Court · 1921
- Emmett Irr. Dist. v. ThompsonCourt of Appeals for the Ninth Circuit · 1918
- McGowan Co. v. CarlsonWashington Supreme Court · 1914
- On RehearingIdaho Supreme Court · 1924
- American Falls Reservoir District v. ThrallIdaho Supreme Court · 1924