City of Kellogg v. McRae
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. Application for a writ of mandate to compel the board of county commissioners to construct a bridge over the south fork of the Coeur d’Alene river where it runs through the corporate limits of the town of Kellogg. Writ denied.
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APPEAL from the District Court of the First Judicial District, in and for Shoshone County. Hon. W. W. Woods, Judge. Application for a writ of mandate to compel the board of county commissioners to construct a bridge over the south fork of the Coeur d’Alene river where it runs through the corporate limits of the town of Kellogg. Writ denied. See. 2230, subd. 16, Rev. Stat. of 1887, giving towns and villages the right “to keep in repair, and unobstructed from rubbish, filth, or other deleterious substance, all highways, streets and alleys within such town or village,” conferred exclusive…
1Opinion of the CourtSullivan, J.
This action was brought in the district court for a writ of mandate commanding the board of county commissioners of Shoshone county to remove a bridge which is situated across the south fork of Coeur d’Alene river within the limits of the city of Kellogg, and to compel them to build or construct a new bridge across said stream. A general demurrer was interposed to the amended complaint and sustained by the court, whereupon the plaintiff refused to plead further and judgment of dismissal was entered. This appeal is from said judgment.
The action of the court in sustaining the demurrer is…
2Cases cited4 opinions
- Carson v. City of GeneseeIdaho Supreme Court · 1903
- Eaton v. City of WeiserIdaho Supreme Court · 1906
- Village of Sand Point v. DoyleIdaho Supreme Court · 1905
- City of Genesee v. Latah CountyIdaho Supreme Court · 1894
3Cited by4 opinions
- Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- City of Nampa v. SwayneIdaho Supreme Court · 1976
- Mathiesen v. North Poudre Irrigation Co.Supreme Court of Colorado · 1916