Wilson v. Boise City
Idaho Supreme Court
APPEAL from District Court, Ada County. The appellant contends that Boise City, a municipal corporation, derives its powers and authority under and by virtue of a special charter, and that there is no provision therein granting to Boise City or the officers thereof authority, or making it the duty of said city, to construct and maintain this artificial channel.
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APPEAL from District Court, Ada County. The appellant contends that Boise City, a municipal corporation, derives its powers and authority under and by virtue of a special charter, and that there is no provision therein granting to Boise City or the officers thereof authority, or making it the duty of said city, to construct and maintain this artificial channel. That the acts of the mayor and common council of Boise City in the construction and maintenance of said artificial channel were and are ultra vires, null and void. Taking the po-sitien which we are contending for, that the mayor and…
1Opinion of the CourtQuarles, J.
(After Stating the Facts.) — It is contended by the counsel for the defendant, who is the appellant here, that *397the action of the majmr and common council in constructing the artificial channel or flume in question is ultra vires. That said mayor and common council had no authority to go outside of the city limits to construct such flume. That in doing so they were not performing a duty, but rendering a beneficial service to the state, and must be regarded as the agents, not of the defendant, hut of the state. Section 5 of the charter of Boise City provides what powers may be exercised by the…
2Cases cited7 opinions
- Maxmilian v. . MayorNew York Court of Appeals · 1875
- Mayor of New-York v. BaileyNew York Supreme Court · 1845
- Welsh v. Village of RutlandSupreme Court of Vermont · 1883
- New York & Brooklyn Saw-Mill & Lumber Co. v. City of BrooklynNew York Court of Appeals · 1878
- Spangler v. City of San FranciscoCalifornia Supreme Court · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by17 opinions
- Brizendine v. Nampa Meridian Irrigation DistrictIdaho Supreme Court · 1976
- Boise Development Co. v. Boise CityIdaho Supreme Court · 1917
- Smith v. Big Lost River Irrigation DistrictIdaho Supreme Court · 1961
- Smith v. City of Los AngelesCalifornia Court of Appeal · 1944
- Harper v. JohannesenIdaho Supreme Court · 1962
12 more not listed; retrieve them via the Exa API.