McQueen v. City of Moscow
Idaho Supreme Court
Original application to this court for a writ of prohibition to prohibit the city counsel of Moscow from proceeding with the improvements contemplated in Improvement District No. 6 of said city.
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Original application to this court for a writ of prohibition to prohibit the city counsel of Moscow from proceeding with the improvements contemplated in Improvement District No. 6 of said city. “Where the power to pave or to improve depends upon the assent or petition of a given number or proportion of the proprietors to be affected, this fact is jurisdictional, and the finding of the city authorities or counsel that the requisite number had assented or petitioned is not, in the absence of legislative provision to the effect, conclusive; and want of such assent makes the whole proceeding…
1Opinion of the Court
SULLIVAN, C. J.=
This is an original application to this court for a writ of prohibition against the city of Moscow, a municipal corporation, and the city council, restraining them from further proceeding with the improvements in a proposed local improvement district known as District No. 6, which improvements are outlined in Ordinance No. 405 of said city.
The alternative writ was issued and upon the return thereof defendants interposed a general demurrer and the case was heard upon the petition and demurrer.
The questions involved in the ease are substantially as follows:
On May 3, 1915, a…
2Cases cited1 opinion
- Territory of New Mexico ex rel. Stockard v. Mayor of RoswellNew Mexico Supreme Court · 1911
3Cited by6 opinions
- Barbe v. City of Lake CharlesSupreme Court of Louisiana · 1949
- Kerley v. WetherellIdaho Supreme Court · 1939
- Maxwell v. TerrellIdaho Supreme Court · 1923
- Gallaher v. City of FargoNorth Dakota Supreme Court · 1954
- Simmons v. FessendenSupreme Court of Florida · 1933
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