Legal Opinion

Moore v. Hupp

Idaho Supreme Court

Decided November 10, 1909PublishedCited by 2 opinions

[APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. An. action to enjoin the payment of an alleged illegal claim by a city. Temporary injunction granted. Defendant appeals. The detectives were employed in such a manner as to create a legal claim which the city could pay.

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[APPEAL from the District Court of the Second Judicial District, for Latah County. Hon. Edgar C. Steele, Judge. An. action to enjoin the payment of an alleged illegal claim by a city. Temporary injunction granted. Defendant appeals. The detectives were employed in such a manner as to create a legal claim which the city could pay. (Rice v. Gwinn, 5 Ida. 394, 49 Pac. 412.) Under the existing circumstances of this particular case, it would hardly seem reásonable that this money expended by the mayor in the performance of his official duty should not be a legal charge against the town. (28 Cyc.…

1Opinion of the CourtStewart, J.

— On December 7, 1908, there was filed with the clerk of the city of Moscow the following claim:

“Moscow, Idaho, Dec. 7, ’08.
“City of Moscow, to John M. Hupp, Dr., P. 0. Moscow.
“To money advanced to the Bell Church Secret Service for work in the city of Moscow.$170 00.”

This claim was O. K.’d by the mayor and L. A. Manring and L. H. Collins, councilmen of said city, and was indorsed as follows:

“No. 1,274. vs. J. M. Hupp,
“City of Moscow, $170.00. General Fund. Filed Dee. 7, 1908. J. R. Strong, Clerk. By -, Deputy. Ex*235amined and allowed in the sum of -on the- day of-, 190 — . Chairman Finance…

2Cases cited12 opinions

  1. Chippewa Bridge Co. v. City of DurandWisconsin Supreme Court · 1904
  2. McCracken v. City of San FranciscoCalifornia Supreme Court · 1860
  3. McCullough v. ClarkCalifornia Supreme Court · 1871
  4. State ex rel. Attorney General v. Board of CommissionersSupreme Court of Kansas · 1874
  5. People ex rel. Attorney-General v. ReisCalifornia Supreme Court · 1888

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3Cited by2 opinions

  1. Reed v. Township of MonticelloSupreme Court of Minnesota · 1925
  2. Tate v. JohnsonIdaho Supreme Court · 1919

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