Hollister v. State
Idaho Supreme Court
APPEAL from District Court, Lincoln County. The facts are set out in the opinion. Can an action be maintained against the state in the district court? Plaintiff seeks to condemn for an alleged public use lands belonging to the state of Idaho and1 granted to said state by act of Congress of July 3, 1890, for the support of commons schools.
Read the full summary
APPEAL from District Court, Lincoln County. The facts are set out in the opinion. Can an action be maintained against the state in the district court? Plaintiff seeks to condemn for an alleged public use lands belonging to the state of Idaho and1 granted to said state by act of Congress of July 3, 1890, for the support of commons schools. The first objection is that the action is brought against the state, and it nowhere appears, in the constitution or the statutes, that the state has given its consent to be sued in the district court of the state. “A state is not liable to suit in its own…
1Opinion of the CourtAilshie, J.
The plaintiff filed two complaints, the first February 4, 1902, and the second February 7, 1902; the lands described in the two complaints being contiguous, and comprising two and sixty one-hundredths acres of land, lying along the Snake river, and immediately below the Shoshone Falls, in Lincoln county. Plaintiff prayed that the lands be condemned, and the value thereof assessed, and that it be declared a public. use, and that such use is as follows: “To furnish electricity for lighting purposes to the unincorporated town of Shoshone, the county seat of Lincoln county, and to the inhabitants…
2Cases cited16 opinions
- United States v. JonesSupreme Court of the United States · 1883
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1888
- San Diego Land & Town Co. v. NealeCalifornia Supreme Court · 1891
- Railroad Co. v. TennesseeSupreme Court of the United States · 1880
- Drake v. Hudson River RailroadNew York Supreme Court · 1849
11 more not listed; retrieve them via the Exa API.
3Cited by35 opinions
- Smith v. StateIdaho Supreme Court · 1970
- Grant Construction Co. v. BurnsIdaho Supreme Court · 1968
- Dougherty v. VidalNew Mexico Supreme Court · 1933
- Minnesota Canal & Power Co. v. Koochiching Co.Supreme Court of Minnesota · 1906
- Pigg v. BrockmanIdaho Supreme Court · 1957
30 more not listed; retrieve them via the Exa API.