Wiggin v. City of Lewiston
Idaho Supreme Court
APPEAL from District Court, Nez Perees County. The state constitution provides, in article 8, section 3, that no city shall incur any indebtedness beyond its income without the assent of two-thirds of the qualified electors thereof. The term “qualified electors” is defined in article 6, section 2, of the constitution, and being a taxpayer is not made one of the qualifications of an elector.
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APPEAL from District Court, Nez Perees County. The state constitution provides, in article 8, section 3, that no city shall incur any indebtedness beyond its income without the assent of two-thirds of the qualified electors thereof. The term “qualified electors” is defined in article 6, section 2, of the constitution, and being a taxpayer is not made one of the qualifications of an elector. It thus appears that when the proposition to issue bonds was submitted to only such of the qualified electors as were taxpayers, the provision of the constitution that said questions should be submitted to…
1Opinion of the CourtStockslag-Ee, J.
— This ease comes here on appeal from an order of Hon. Edgar C. Steele, district judge of the second judicial district, made at chambers at Mt. Idaho, Idaho county, on the sixth day of May, 1902, refusing to grant a temporary injunction on application of plaintiff.
The complaint is a voluminous one, occupying folios 1 to 125, inclusive, in the record. The statement of the case in the brief of appellant is conceded to be a fair one by counsel for respondent, and we adopt it as a correct statement of the case. This is an action brought by appellant, praying that the respondent be restrained from…
2Cases cited2 opinions
- Brown v. City of DenverSupreme Court of Colorado · 1884
- Carpenter v. People ex rel. TilfordSupreme Court of Colorado · 1884
3Cited by16 opinions
- Jones v. State Board of MedicineIdaho Supreme Court · 1976
- Butler v. City of LewistonIdaho Supreme Court · 1905
- Clark v. AllowayIdaho Supreme Court · 1946
- Howard v. Independent School District No. 1Idaho Supreme Court · 1910
- Kessler v. FritchmanIdaho Supreme Court · 1911
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