Gooding v. Proffitt
Idaho Supreme Court
APPLICATION by the state board of equalization for a peremptory writ of mandate against the board of commissioners of Nez Perce county, compelling and requiring said board of commissioners to make a sufficient tax levy to raise the county’s proportion of state revenue and for special levies on account of certain bonds issued.
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APPLICATION by the state board of equalization for a peremptory writ of mandate against the board of commissioners of Nez Perce county, compelling and requiring said board of commissioners to make a sufficient tax levy to raise the county’s proportion of state revenue and for special levies on account of certain bonds issued. Attorneys for petitioners contend that the five mill limit applies only to the general current expenses of the state, as provided by the legislature for the fiscal year, and as provided for in House Bill No. 239 (Sess. Laws 1905, p. 293), in which an ad valorem tax of…
1Opinion of the CourtAilshie, J.
— This is an action prosecuted by the state board of equalization against the board of commissioners of Nez Perce county to secure a peremptory writ of mandate against the board requiring them to make and enter upon the tax-rolls a sufficient tax levy to raise Nez Perce county’s proportionate share of state taxes for the year 1905, as certified by the secretary of the board of equalization. The defendants have demurred to the complaint upon the grounds that it fails to state facts sufficient to constitute a cause of action or entitle the plaintiffs to any relief. On August 31, 1905, the state…
2Cases cited5 opinions
- Stein v. MorrisonIdaho Supreme Court · 1904
- People ex rel. Thomas v. ScottSupreme Court of Colorado · 1886
- In re State Board of EqualizationSupreme Court of Colorado · 1897
- Howard v. BryanCalifornia Supreme Court · 1900
- State v. Ada CountyIdaho Supreme Court · 1900
3Cited by2 opinions
- Lyons v. BottolfsenIdaho Supreme Court · 1940
- Gooding v. CowenIdaho Supreme Court · 1905