Legal Opinion

Shoshone Highway District v. Anderson

Idaho Supreme Court

Decided June 5, 1912PublishedCited by 20 opinions

APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. An application for a writ of mandate. “Two different bodies cannot exercise the same power in the same jurisdiction at the same time, and this right must be held exclusive.”

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APPEAL from the District Court of the Fourth Judicial District for Lincoln County. Hon. Edward A. Walters, Judge. An application for a writ of mandate. “Two different bodies cannot exercise the same power in the same jurisdiction at the same time, and this right must be held exclusive.” (People v. Parks, 58 Cal. 624; Martin v. Aston, 60 Cal. 68.) Can anyone believe, by reading the title of the act, that it would provide for reorganization, or the manner in which the court should construe the act, or for a penal offense, or that it would define the legal entity of an organization organized…

1Opinion of the CourtStewart, C. J.

The respondent brought this action in the district court for the purpose of securing a writ of mandate commanding the appellant, as secretary of the Shoshone Highway District, to deliver bonds in the sum of $80,000 to the treasurer of said district and to take and file the treasurer’s receipt therefor and to charge him therewith.

The Shoshone Highway District was created and organized under the provisions of an act approved March 8, 1911, Sess. Laws 1911, p. 121. Such district authorized the issuing of bonds of said district to the amount of $80,000 under a resolution passed by the highway…

Also in this document: Concurrence.

2Cases cited13 opinions

  1. People v. ParksCalifornia Supreme Court · 1881
  2. Pioneer Irrigation District v. BradleyIdaho Supreme Court · 1902
  3. Board of Commissioner v. HarrellIndiana Supreme Court · 1897
  4. State v. DolanIdaho Supreme Court · 1907
  5. Boise Irrigation & Land Co. v. StewartIdaho Supreme Court · 1904

8 more not listed; retrieve them via the Exa API.

3Cited by20 opinions

  1. Strickfaden v. Greencreek Highway DistrictIdaho Supreme Court · 1926
  2. Fidelity State Bank v. North Fork Highway DistrictIdaho Supreme Court · 1922
  3. Greater Boise Auditorium District v. Royal Inn of BoiseIdaho Supreme Court · 1984
  4. Stark v. McLaughlinIdaho Supreme Court · 1927
  5. Idaho County v. Fenn Highway DistrictIdaho Supreme Court · 1926

15 more not listed; retrieve them via the Exa API.

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