Ada County v. Gess
Idaho Supreme Court
APPEAL from District Court, Ada County. It will be seen by reference to the pleadings that this is an action brought by the county to recover money paid out upon an order of the board of county commissioners, from which order no appeal was taken.
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APPEAL from District Court, Ada County. It will be seen by reference to the pleadings that this is an action brought by the county to recover money paid out upon an order of the board of county commissioners, from which order no appeal was taken. Our statute provides that an appeal may be taken from any order, decision or action of the board while acting in their official capacity bjr any person aggrieved thereby or by any taxpayer of the county where any demand is allowed against the county, or when any order, decision or action of the board is prejudicial to the public interest. This…
1Opinion of the CourtMobgan, C. J.
(After Stating the Facts.) — The appellant contends that, the bills having been presented and paid by the board of county commissioners, and no appeal taken, the payment was voluntary, and cannot be recovered back. The appellant also contends that an appeal from the action of the board was the only remedy, and cites Picotte v. Watt, 3 Idaho, 447, 31 Pac. 805. In that case application was made for an injunction to restrain the payment of certain warrants ordered issued by the board of county commissioners. The court holds that there was a complete and adequate remedy at law, and in such case…
2Cases cited10 opinions
- Badeau v. United StatesSupreme Court of the United States · 1889
- Brown v. CommissionersNebraska Supreme Court · 1877
- Martin v. . Supervisors of Greene Co.New York Court of Appeals · 1864
- Clark v. DaytonNebraska Supreme Court · 1877
- Rogers v. HaysIdaho Supreme Court · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by31 opinions
- Investors Title Co., Inc. v. HammondsSupreme Court of Missouri · 2007
- Lamar Township v. City of LamarSupreme Court of Missouri · 1914
- State v. YoungSupreme Court of Iowa · 1907
- Anderson v. Board of Com'rs of Grant CountySupreme Court of Oklahoma · 1914
- Bannock County v. BellIdaho Supreme Court · 1901
26 more not listed; retrieve them via the Exa API.