Lewis County v. State Bank
Idaho Supreme Court
APPEAL from tbe District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action in claim and delivery. In the absence of a statute prohibiting the receiving donations or gifts, the general rule is that the donations being for the benefit of the county and not creating a liability against it, the donation may be received. (2 Dillon’s Mun.
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APPEAL from tbe District Court of the Second Judicial District, for Nez Perce County. Hon. Edgar C. Steele, Judge. Action in claim and delivery. In the absence of a statute prohibiting the receiving donations or gifts, the general rule is that the donations being for the benefit of the county and not creating a liability against it, the donation may be received. (2 Dillon’s Mun. Corp., 4th ed., sec. 566.) “In order to constitute a gift of personal property, three things are necessary: (a) An intention on the part of the donor to presently give; (b) a subject matter capable of passing by…
1Opinion of the CourtBudge, C. J.
This is an action in claim and delivery for the possession of certain promissory notes, or the value thereof in case delivery cannot be had.
It is alleged in the complaint: “That on the 6th day of February, 1915 . . . . , the said plaintiff, the county of *246Lewis, .... was, and now is the owner of, and the said plaintiff, Luther T. McKee, treasurer of said Lewis county, Idaho, was, and now is entitled to the possession of for the use and benefit of the said plaintiff, Lewis county, Idaho, the following described promissory notes”; here follows a description of the various notes. The answer…
Also in this document: Dissent.
2Cases cited3 opinions
- Knowles v. SlocumWashington Supreme Court · 1915
- Bliss v. BlissIdaho Supreme Court · 1911
- Bruce v. SquiresSupreme Court of Kansas · 1904
3Cited by5 opinions
- Gray v. GrayIdaho Supreme Court · 1956
- Witthoft v. Commercial Development & Investment Co.Idaho Supreme Court · 1928
- Zimmerman v. FawkesIdaho Supreme Court · 1950
- Beckstead v. GeeIdaho Supreme Court · 1938
- Lewis County v. State BankIdaho Supreme Court · 1918