School District No. 25 v. Rice
Idaho Supreme Court
APPEAL from the District Court of Shoshone County. Honorable Ralph T. Morgan, Judge. Action to restrain defendants from doing certain acts. The facts are stated in the opinion. The court erred in overruling defendant’s demurrer.
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APPEAL from the District Court of Shoshone County. Honorable Ralph T. Morgan, Judge. Action to restrain defendants from doing certain acts. The facts are stated in the opinion. The court erred in overruling defendant’s demurrer. “It is an elementary principle that the existence of a municipal corporation cannot be collaterally attacked.’’ (1 Smith on Municipal Corporations, arts. 57-59; People v. Maynard, 15 Mich. 463; Mendenhall v. Burton, 42 Kan. 570, 22 Pac. 558; State v. Town of Tipton, 109 Ind. 73, 9 N. E. 704; People v. Larue, 67 Cal. 526, 8 Pac. 84; Kuhn v. Port Townsend, 12 Wash. 605,…
1Opinion of the CourtStockslager, C. J.
— The plaintiff commenced its action in the district court of Shoshone county, alleging: 1. That it is, and has been since the eleventh day of October, 1898, a regularly organized school district in Shoshone county, Idaho. 2. That defendant Rice is a citizen and resident of Shoshone county and county treasurer of Shoshone county, state of Idaho. 3. That William T. Hooper is a citizen and resident of Shoshone county and assessor and ex-officio tax collector of said county. 4. That the defendants, W. H. Shaw, J. W. Rog*101ers and P. H. Blake, are citizens of the comity of Shoshone, state of Idaho,…
2Cases cited8 opinions
- Dunbar v. Board of Commissioners of Canyon CountyIdaho Supreme Court · 1897
- County of Ada v. Bullen Bridge Co.Idaho Supreme Court · 1896
- Rogers v. HaysIdaho Supreme Court · 1893
- Morgan v. County CommissionersIdaho Supreme Court · 1895
- Picotte v. WattIdaho Supreme Court · 1892
3 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Harrison v. Board of County Com'rsIdaho Supreme Court · 1948
- Koseris v. JR Simplot CompanyIdaho Supreme Court · 1960
- Common School Dist. No. 58 v. LundenIdaho Supreme Court · 1951
- Mosman v. MathisonIdaho Supreme Court · 1965
- Smith v. Canyon County, Consolidated School District, Number 34Idaho Supreme Court · 1924
6 more not listed; retrieve them via the Exa API.