Ashley v. Richard
Idaho Supreme Court
' APPEAL from the District Court of the Niuth Judicial District, for Teton County. Hon. James G. Gwinn, Judge. Action to enjoin issuance of school district bonds. From a judgment dissolving the temporary injunction and dismissing the action, plaintiff appeals. Injunction is a proper remedy to prevent the officers of a school district from issuing bonds unlawfully.
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' APPEAL from the District Court of the Niuth Judicial District, for Teton County. Hon. James G. Gwinn, Judge. Action to enjoin issuance of school district bonds. From a judgment dissolving the temporary injunction and dismissing the action, plaintiff appeals. Injunction is a proper remedy to prevent the officers of a school district from issuing bonds unlawfully. (Marlow v. School District No. 4, 29 Okl. 304, 116 Pac. 797, 798.) A taxpayer may restrain illegal action which would increase the burden of taxation. (Gibson v. Board of Supervisors, 80 Cal. 359, 22 Pac. 225, 227; Nuckols v. Lyle,…
1Opinion of the CourtRice, J.
Appellant commenced this action in the district court to enjoin respondents from issuing certain bonds of a school district. The allegations of the complaint deemed material for the purposes of this opinion are,- in substance, as follows: That two-thirds of the qualified electors of the school district who voted at the special election, held for the purpose of authorizing the issuance of the bonds, did not vote in favor thereof; that five persons named in the complaint who voted for the issuance of the bonds, and whose votes were counted therefor, were .not qualified electors of the school…
2Cases cited25 opinions
- Crampton v. ZabriskieSupreme Court of the United States · 1880
- Dickey v. ReedIllinois Supreme Court · 1875
- Coleman v. Town of EutawSupreme Court of Alabama · 1908
- People ex rel. Wheaton v. WiantIllinois Supreme Court · 1868
- Toncray v. BudgeIdaho Supreme Court · 1908
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3Cited by11 opinions
- Henderson v. Twin Falls CountyIdaho Supreme Court · 1935
- Harrison v. Board of County Com'rsIdaho Supreme Court · 1948
- Hancock v. HallidayIdaho Supreme Court · 1943
- Atkinson v. Roosevelt CountyMontana Supreme Court · 1923
- Boise Payette Lumber Co. v. Idaho Gold Dredging Corp.Idaho Supreme Court · 1936
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