Appeal of Rhea v. Board of County Commissioners
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Prank J. Smith, Judge. Judgment of district court rendered on appeal from an order of the board of county commissioners. The court had jurisdiction to review only the order oi orders of the board of commissioners specified in the notice of appeal.
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APPEAL from the District Court of the Seventh Judicial District for Washington County. Hon. Prank J. Smith, Judge. Judgment of district court rendered on appeal from an order of the board of county commissioners. The court had jurisdiction to review only the order oi orders of the board of commissioners specified in the notice of appeal. The protest of the county attorney was a matter outside the regular procedure before the board, and something the commissioners were not required to pass upon. Their rejection of it was a matter of no consequence. Under the constitution of the state (sec. 7,…
1Opinion of the CourtAilshie, J.
A rehearing was granted in this ease on July 7th, and the ease was again argued at this present term of court. Counsel for respondent urge, in the first place, that no final judgment has ever been entered from which an appeal could be prosecuted, and that this .court is without jurisdiction to determine the case on its merits. This contention is not well founded for the following reasons: In the first place, section 1776 of the Revised Statutes, as amended by act of February 14, 1899 (Sess. Laws 1899, 248), provides that “an appeal may be taken from any act, order or proceeding of the board…
2Cases cited1 opinion
- Finley v. Territory of Oklahoma Ex Rel. KeysSupreme Court of Oklahoma · 1903
3Cited by5 opinions
- State v. FravinSouth Dakota Supreme Court · 1915
- Franklin County v. BarnesWashington Supreme Court · 1912
- Glaister v. Kit Carson Co.Colorado Court of Appeals · 1912
- Glaister v. Kit Carson Co.Colorado Court of Appeals · 1912
- Opinion No. 68-297 (1969) Ag, Oklahoma Attorney General Reports1969