Seysler v. Mowery
Idaho Supreme Court
APPEAL from 'tbe District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Suit to enjoin the mayor and council of the city of Wallace from entering into a contract for the pavement of the streets and alleys of Local Improvement District No. 4 of that city. Order dissolving temporary restraining order. A legislative body can only “do things” by appropriate action spread upon its minutes, and it cannot legally act by parol.
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APPEAL from 'tbe District Court of the First Judicial District for Shoshone County. Hon. William W. Woods, Judge. Suit to enjoin the mayor and council of the city of Wallace from entering into a contract for the pavement of the streets and alleys of Local Improvement District No. 4 of that city. Order dissolving temporary restraining order. A legislative body can only “do things” by appropriate action spread upon its minutes, and it cannot legally act by parol. (Miller v. Board of Auditors, 41 Mich. 4, 2 N. W. 180; Gorman v. County Commrs., 1 Ida. 553; Ranlún v. Jaw-man, 4 Ida. 394, 400, 39…
1Opinion of the CourtMorgan, J.
On June 1, 1916, respondents, as mayor and members of the city council of Wallace, having theretofore advertised for bids for paving the streets and alleys in Local Improvement District No. 4 of that city, met in special ses*415sion for the purpose of considering such bids as had been submitted for making said improvement. For laying the kind of pavement respondents had agreed upon, being of asphaltic concrete with a four-inch base and a two-inch top, and for maintaining it for a period of five years, six bids were submitted, which had been tabulated by the city engineer for the convenience of…
2Cases cited11 opinions
- Inge v. Board of Public Works of MobileSupreme Court of Alabama · 1902
- People Ex Rel. Coughlin v. . GleasonNew York Court of Appeals · 1890
- Hannan v. Bd. of Educ. of City of LawtonSupreme Court of Oklahoma · 1909
- Times Publishing Co. v. City of EverettWashington Supreme Court · 1894
- Armitage v. Mayor & Common Council of NewarkSupreme Court of New Jersey · 1914
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- Beco Construction Co. v. City of Idaho FallsIdaho Supreme Court · 1993
- Flynn Construction Co. v. LeiningerSupreme Court of Oklahoma · 1927
- Cyr v. WhiteCalifornia Court of Appeal · 1947
- Scott v. Buhl Joint School District No. 412Idaho Supreme Court · 1993
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