Lyon v. City of Payette
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. B. S. V-arian, Judge. Proceedings to detach agricultural lands from a municipality. Judgment for plaintiff. Plaintiff’s petition or complaint does not state facts sufficient to constitute a cause of action, nor to entitle plaintiff to the relief prayed for or any relief whatever. (Kerr’s Pleading and Practice, sec. 820; Miller v. Pine Mining Go., 3 Ida. 493, 35 Am.
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APPEAL from the District Court of the Seventh Judicial District, for Payette County. Hon. B. S. V-arian, Judge. Proceedings to detach agricultural lands from a municipality. Judgment for plaintiff. Plaintiff’s petition or complaint does not state facts sufficient to constitute a cause of action, nor to entitle plaintiff to the relief prayed for or any relief whatever. (Kerr’s Pleading and Practice, sec. 820; Miller v. Pine Mining Go., 3 Ida. 493, 35 Am. St. 289, 31 Pae. 803.) The court had no jurisdiction of the subject of the action. (Art. 5, sec. 20, Const, of Idaho; People v. Nevada, 6…
1Opinion of the CourtWm. E. Lee’, J.
— The district court of the seventh judicial district, for Payette county, heretofore made and entered a judgment detaching a tract of ten acres of land from the corporate limits of the city of Payette. Being dissatisfied with the judgment, the city has appealed, and urges, as grounds for reversing the judgment, first, that the law under which the proceeding was instituted is unconstitutional, and, second, that the evidence is insufficient to sustain the judgment.
The proceeding was instituted under the provisions of article 4, chapter 169, title 32, of the Compiled Statutes, as amended by…
2Cases cited13 opinions
- City of Galesburg v. HawkinsonIllinois Supreme Court · 1874
- Glaspell v. City of JamestownNorth Dakota Supreme Court · 1902
- City of Hutchinson v. LeimbachSupreme Court of Kansas · 1903
- Callen v. City of Junction CitySupreme Court of Kansas · 1890
- City of Burlington v. LeebrickSupreme Court of Iowa · 1876
8 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Carolina-Virginia Coastal Highway v. Coastal Turnpike AuthoritySupreme Court of North Carolina · 1953
- Ruland v. City of AugustaSupreme Court of Kansas · 1926
- In Re City of PhoenixArizona Supreme Court · 1938
- State Board of Registration for Architects, Engineers, & Land Surveyors v. GetsugSupreme Court of Minnesota · 1971
- Williamson v. City of McCallIdaho Supreme Court · 2001
19 more not listed; retrieve them via the Exa API.