Jones v. Power County
Idaho Supreme Court
Petition for writ of prohibition. The expenses intended by the framers of the constitution to be included in the term “ordinary and necessary” are such as recur with regularity and certainty, and are generally within the usual income and revenue and have some fairly well-defined limits.
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Petition for writ of prohibition. The expenses intended by the framers of the constitution to be included in the term “ordinary and necessary” are such as recur with regularity and certainty, and are generally within the usual income and revenue and have some fairly well-defined limits. It was held in Broion v. City of Corry, 175 Pa. 528, 34 Atl. 854, 855, that any expense that recurs with regularity and certainty and is necessary for the existence of a municipality is an ordinary expense of that municipality. . The expense of building a jail costing $4,693.75 is not an expense which recurs…
1Opinion of the CourtMorgan, J.
— This is an original proceeding to procure the issuance of a writ of prohibition. The plaintiff is a resident and taxpayer of Power county and the defendants W. S. Sparks, M. E. Walker and C. F. Eggers are members of and constitute the board of county commissioners; the defendant F. Nettie Rice is county treasurer and tax collector, the defendant Paul Bulfinch is clerk of the district court and ex officio auditor and recorder and clerk of the board of county commissioners, and the defendant O. F. Crowley is county assessor of said county.
Power county was created by an act of the legislature…
2Cases cited3 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Peavy v. McCombsIdaho Supreme Court · 1914
- Owen v. City of Sioux CitySupreme Court of Iowa · 1894
3Cited by26 opinions
- Jones v. State Board of MedicineIdaho Supreme Court · 1976
- Twin Falls Clinic & Hospital Building Corp. v. HamillIdaho Supreme Court · 1982
- Moon v. North Idaho Farmers Ass'nIdaho Supreme Court · 2004
- Asson v. City of BurleyIdaho Supreme Court · 1983
- School District No. 25 v. State Tax CommissionIdaho Supreme Court · 1980
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