Kimbley v. Adair
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Appeal from an order dissolving injunction. If a good road district could be legally created or organized under the existing statute, it would be a qua,si-municipal corporation, and the qualifications prescribed by the constitution for voters at elections would apply to an election for its creation and organization. (Pioneer Irr.
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APPEAL from the District Court of the Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Appeal from an order dissolving injunction. If a good road district could be legally created or organized under the existing statute, it would be a qua,si-municipal corporation, and the qualifications prescribed by the constitution for voters at elections would apply to an election for its creation and organization. (Pioneer Irr. Dist. v. Walker, 20 Ida. 605, 119 Pac. 30J.) Where there is an unconstitutional law, or, what is the same thing, no law at all, providing for the creation or…
1Opinion of the Court
REDDOCH, Dist. Judge.
Action for án injunction against the treasurer and tax collector of Latah county, Idaho, and the commissioners of Good Road District No. 1 of said county, which will hereinafter be called the district, based upon the contention that C. S., sec. 1480, wherein it provides “only resident freeholders residing within the boundaries of such good road district shall be allowed to vote at any good road election,” is unconstitutional and void; that by reason thereof, said district, the proceedings had and taken in the organization thereof, the indebtedness incurred thereby,…
2Cases cited11 opinions
- State v. JonesIdaho Supreme Court · 1904
- Howell v. Board of CommissionersIdaho Supreme Court · 1898
- State v. BakerIdaho Supreme Court · 1899
- Mills Novelty Co. v. DunbarIdaho Supreme Court · 1906
- In re MarshallIdaho Supreme Court · 1899
6 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- The People v. SmallIllinois Supreme Court · 1925
- Abrams v. JonesIdaho Supreme Court · 1922
- In Re Contempt Proceedings of BrainardIdaho Supreme Court · 1934
- State v. WendlerIdaho Supreme Court · 1961
- Albrethsen v. StateIdaho Supreme Court · 1939
9 more not listed; retrieve them via the Exa API.