Fenton v. Board of County Commissioners
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action by a taxpayer to have a certain order of the board of county commissioners of Ada county, levying and fixing a tax of three mills on the dollar for general school purposes for the county for the year 1911, set aside and annulled. Judgment for plaintiff.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action by a taxpayer to have a certain order of the board of county commissioners of Ada county, levying and fixing a tax of three mills on the dollar for general school purposes for the county for the year 1911, set aside and annulled. Judgment for plaintiff. An appeal from any act of the board of county commissioners will only lie when directly authorized by statute, and unless there is some statute of the state which in express terms authorizes such an appeal, it cannot be taken.…
1Opinion of the CourtSullivan, J.
This is an appeal from an order of the board of county commissioners of Ada county, whereby they levied a tax of three mills on the dollar on all taxable property in Ada county for general school purposes. An appeal was taken from said order of the board to the district court, and after a trial before that court the order of the board was set aside, and judgment against the commissioners entered and the cause was remanded to the board with directions to proceed in accordance with law, from which judgment the board of county commissioners appeal. Upon perfecting the appeal to the district…
2Cases cited10 opinions
- The People v. . Simeon DraperNew York Court of Appeals · 1857
- Robinson v. SchenckIndiana Supreme Court · 1885
- McCabe v. CarpenterCalifornia Supreme Court · 1894
- Fremont County v. BrandonIdaho Supreme Court · 1899
- Board of Education v. Board of TrusteesCalifornia Supreme Court · 1900
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3Cited by31 opinions
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