Sabin v. Curtis
Idaho Supreme Court
PETITION for writ of mandate by treasurer of Bingham 'County. It is incumbent on those who assail a statute on the ground of invalidity to make out a clear case of legislative usurpation. (Baugher v. Nelson, 9 Gill, 299, 52 Am. Dee. 697; Santo v. State, 2 Iowa, .165, 63 Am. Dec. 506; Olmstead v. Gamp, 33 Conn. 532, 89 Am.
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PETITION for writ of mandate by treasurer of Bingham 'County. It is incumbent on those who assail a statute on the ground of invalidity to make out a clear case of legislative usurpation. (Baugher v. Nelson, 9 Gill, 299, 52 Am. Dee. 697; Santo v. State, 2 Iowa, .165, 63 Am. Dec. 506; Olmstead v. Gamp, 33 Conn. 532, 89 Am. Dec. 228.) An act is not invalid because it abridges the exercise of the privilege of local self-government in a particular in which such privilege’ is not guaranteed by any provision of the constitution. (Commonwealth v. Plaisted, 148 Mass. 375, 12 Am. St. Eep. 566, 19 N.…
1Opinion of the CourtSullivan, J.
This is an application made by the plaintiff for a writ of mandate to compel the defendant, as treasurer of Bingham county, to pay over to the treasurer of Bannock county certain school money which is admitted to be in the hands of the defendant, as treasurer of Bingham county, and which, plaintiff claims, has been apportioned to certain school districts in Bannock county. The defendant denies the existence of Bannock county. The plaintiff contends that Bannock county was created by an act of the second legislature of Idaho, entitled “An act to create and organize the county of Bannock; to…
2Cases cited4 opinions
- State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
- People v. MaynardMichigan Supreme Court · 1867
- Lanning v. . CarpenterNew York Court of Appeals · 1859
- County of Bay v. BullockMichigan Supreme Court · 1883
3Cited by7 opinions
- Grice v. Clearwater Timber Co.Idaho Supreme Court · 1911
- Kessler v. FritchmanIdaho Supreme Court · 1911
- Continental Life Insurance & Investment Co. v. HattabaughIdaho Supreme Court · 1912
- Mahoney v. NeiswangerIdaho Supreme Court · 1899
- Allen v. CurtisIdaho Supreme Court · 1893
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