Perrault v. Robinson
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Appeal from judgment sustaining demurrer to and dismissing application for writ of prohibition. Under the provisions of sec. 6825, Eev. Codes, as amended, the city council could not of its own volition, in the absence of the proper petition, enact an ordinance allowing the opening of picture shows.
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APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Appeal from judgment sustaining demurrer to and dismissing application for writ of prohibition. Under the provisions of sec. 6825, Eev. Codes, as amended, the city council could not of its own volition, in the absence of the proper petition, enact an ordinance allowing the opening of picture shows. Therefore, Ordinance No. 1192 is one which could not under the provisions of the Black Law be initiated by the people, as the legislature has not given the city or the people any right so…
1Opinion of the CourtMorgan, J.
This action was commenced by appellant, who is a resident and taxpayer of the city of Boise, for the purpose of procuring a writ of prohibition to be issued to prevent respondents, who are the mayor and members of the city council of that city, from submitting to a referendum vote a certain ordinance numbered 1192.
It appears from the application for the writ that on February 15, 1916, a petition was presented to the city council containing 3,814 names, among which were the signatures of a number of the qualified electors of the city equal to more than a majority of all the votes cast at the…
2Cases cited8 opinions
- Mayor of Macon v. HughesSupreme Court of Georgia · 1900
- Peavy v. McCombsIdaho Supreme Court · 1914
- Cascaden v. City of WaterlooSupreme Court of Iowa · 1898
- Swain v. FritchmanIdaho Supreme Court · 1912
- Kessler v. FritchmanIdaho Supreme Court · 1911
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3Cited by22 opinions
- Meyers v. City of Idaho FallsIdaho Supreme Court · 1932
- Gumprecht v. City of Coeur D'AleneIdaho Supreme Court · 1983
- Weldon v. Bonner County Tax CoalitionIdaho Supreme Court · 1993
- Davidson v. WrightIdaho Supreme Court · 2006
- Naylor v. Board of EducationCourt of Appeals of Kentucky (pre-1976) · 1926
17 more not listed; retrieve them via the Exa API.