Rhodenbaugh v. Stingel
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Pión. Chas. P. McCarthy, Judge. Petition for organization of drainage district. District organized and petitioners filed cost bill. From an order sustaining, in part, a motion to tax costs, petitioners appeal.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Pión. Chas. P. McCarthy, Judge. Petition for organization of drainage district. District organized and petitioners filed cost bill. From an order sustaining, in part, a motion to tax costs, petitioners appeal. The fact that items not included in the assessment-roll by the commissioners can never otherwise be paid, makes the judgment or order organizing district, as to this proceeding, in its nature a final judgment. (Trustees v. Greenough, 105 U. S. 527, 26 L. ed. 1157, 1160.) In the present case the judgment is…
1Opinion of the CourtMorgan, J.
Appellants petitioned the district judge for the organization of Drainage District No. 2 of Ada county. Objections thereto were made by certain affected land owners, including respondents. After a hearing the district was declared organized. Subsequently appellants filed a cost bill containing items, among others, of expense incurred by them preliminary to filing the petition and in preparation for the hearing thereon. Bespondents objected to the allowance of certain of the items and the judge sustained, in part, their objection. Whether the amount allowed was taxed against the district or…
2Cases cited6 opinions
- Smith v. Faris-Kesl Construction Co.Idaho Supreme Court · 1915
- Evans State Bank v. SkeenIdaho Supreme Court · 1917
- Schmelzel v. Board of County CommissionersIdaho Supreme Court · 1909
- State v. GradyIdaho Supreme Court · 1918
- Cronan v. District Court of the First Judicial DistrictIdaho Supreme Court · 1908
1 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Cole v. ColeIdaho Supreme Court · 1948
- State v. StokesIdaho Supreme Court · 1934
- State v. SysterIdaho Supreme Court · 1921