Perrault v. Robinson
Idaho Supreme Court
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Appeal from judgment sustaining demurrer to and dismissing application for writ of prohibition. Under the provisions of sec. 6825, Eev. Codes, as amended, the city council could not of its own volition, in the absence of the proper petition, enact an ordinance allowing the opening of picture shows.
Read the full summary
APPEAL from tbe District Court of the Third Judicial District for Ada County. Hon. Charles P. McCarthy, Judge. Appeal from judgment sustaining demurrer to and dismissing application for writ of prohibition. Under the provisions of sec. 6825, Eev. Codes, as amended, the city council could not of its own volition, in the absence of the proper petition, enact an ordinance allowing the opening of picture shows. Therefore, Ordinance No. 1192 is one which could not under the provisions of the Black Law be initiated by the people, as the legislature has not given the city or the people any right so…
1Dissent
BUDGE, J.,
Dissenting. — I am unable to agree with the conclusions reached in the majority opinion, and for that reason find it necessary to express my views upon the first question raised by respondent which, to my mind, is the prime and determining question in a decision of this case, namely: Does the writ of prohibition lie to enjoin the council of Boise City from calling a referendum election! The determination of this question, as I view the law applicable to this case, is conclusive against the contentions of the appellant.
My opinion is based upon the conviction which I hold that the…
2Cases cited25 opinions
- City of Dallas v. Dallas Consolidated Street Railway Co.Texas Supreme Court · 1912
- Stein v. MorrisonIdaho Supreme Court · 1904
- Fletcher v. TuttleIllinois Supreme Court · 1894
- Craft v. Com'rs Jackson Co.Supreme Court of Kansas · 1870
- Walton v. DevelingIllinois Supreme Court · 1871
20 more not listed; retrieve them via the Exa API.