Fidelity State Bank v. North Fork Highway District
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for Clearwater County. Hon. Edgar C. Steele, Judge. Action to recover public moneys deposited with appellant bank. Judgment for plaintiff. The police power has been expressly reserved in the Idaho constitution. (Art. 11, sec. 8; Sandpoint Water etc.
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APPEAL from the District Court of the Second Judicial District, for Clearwater County. Hon. Edgar C. Steele, Judge. Action to recover public moneys deposited with appellant bank. Judgment for plaintiff. The police power has been expressly reserved in the Idaho constitution. (Art. 11, sec. 8; Sandpoint Water etc. Go. v. City of Sandpoint, 31 Ida. 498, 173 Pac. 972.) Under the police power the legislature was authorized to pass the statute complained of and held unconstitutional. (Ndble State Bank v. Haskell, 219 U. S. 104, Ann. Cas. 1912A, 487, 31 Sup. Ct. 186, 55 L. ed. 112, 32 L. R. A., N.…
1Opinion of the CourtBudge, J.
This action was brought by respondent, in accordance with the provisions of sec. 11, p. 60, chap. 42, Sess. Laws, 1921, to enforce a trust in the sum of $16,191.43 upon the general funds and estate of the Fidelity State Bank of Orofino.
*803The facts in this case are stipulated, as follows:
“1. That the petitioner herein, the North Fork Highway District, is a highway district and a public corporation organized and existing under and by virtue of the provisions of chapter 66 of the Compiled Statutes of the state of Idaho.
“2. That one, M. LeBaron, was at all times in this petition and answer…
2Cases cited11 opinions
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- Edwards v. KearzeySupreme Court of the United States · 1878
- McCracken v. HaywardSupreme Court of the United States · 1844
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