Legal Opinion

Howard v. Independent School District No. 1

Idaho Supreme Court

Decided January 13, 1910PublishedCited by 20 opinions

APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon Edgar C. Steele, Judge. Action by plaintiff to enjoin and restrain the sale of school bonds. Judgment for the defendant and plaintiff appealed. The election for the issuance of these bonds was void for the reason that the election was called for the purpose of submitting at one time several distinct and independent propositions.

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APPEAL from the District Court of the Second Judicial District, for Nez Perce County. Hon Edgar C. Steele, Judge. Action by plaintiff to enjoin and restrain the sale of school bonds. Judgment for the defendant and plaintiff appealed. The election for the issuance of these bonds was void for the reason that the election was called for the purpose of submitting at one time several distinct and independent propositions. The notice of election specifies these several propositions, and the electors were not permitted to vote upon each several distinct and independent proposition, but were…

1Opinion of the CourtAilshie, J.

— This action was instituted in the lower court by the plaintiff, as a taxpayer of Independent School. District No. 1 of Nez Perce county, to restrain the officers of the school district from issuing and selling bonds of the district in the sum of $55,000, for the purpose of purchasing three tracts of land in different sections of the school district for school grounds, and for the purpose of erecting and furnishing three school buildings thereon. The court sustained a demurrer to the complaint and dismissed the action and the plaintiff has appealed.

The Independent School District, comprising…

2Cases cited9 opinions

  1. Butler v. City of LewistonIdaho Supreme Court · 1905
  2. Board of Supervisors of Fulton County v. Mississippi & Wabash RailroadIllinois Supreme Court · 1859
  3. Harris v. . People of the State of N.Y.New York Court of Appeals · 1875
  4. Hamilton v. Village of DetroitSupreme Court of Minnesota · 1901
  5. State ex rel. City of Bethany v. AllenSupreme Court of Missouri · 1905

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3Cited by20 opinions

  1. Abts v. Board of Education of School District Re-1 Valley in Logan CountySupreme Court of Colorado · 1981
  2. White v. Board of Education of Silver CityNew Mexico Supreme Court · 1938
  3. Board of Education of State of Colorado v. SpurlinSupreme Court of Colorado · 1960
  4. King v. Independent School DistrictIdaho Supreme Court · 1928
  5. Independent School Districts Nos. 1, 2, 3, 5, 7 & 9 v. Common School Districts Nos. 1Idaho Supreme Court · 1936

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