Legal Opinion

Corker v. Commissioners of Elmore County

Idaho Supreme Court

Decided June 27, 1904PublishedCited by 3 opinions

APPEAL from District Court in and for Elmore County. Honorable Lyttleton Price, Judge. From a judgment of tbe district court approving and affirming an order of the board of county commissioners, a citizen and taxpayer appeals. The facts are stated in the opinion. That the board has no powers but those directly conferred on it by statute and can act only in the maimer laid down by statute has often been held by this court.

Read the full summary

APPEAL from District Court in and for Elmore County. Honorable Lyttleton Price, Judge. From a judgment of tbe district court approving and affirming an order of the board of county commissioners, a citizen and taxpayer appeals. The facts are stated in the opinion. That the board has no powers but those directly conferred on it by statute and can act only in the maimer laid down by statute has often been held by this court. (Gorman v. County Commissioners, 1 Idaho, 553, 556, 557; Conger v. Board of Oommrs., 5 Idaho, 347, 48 Pac. 1064, and many other cases.) And having exhausted their power by…

1Opinion of the Court

AILSHIE, J. —

On the nineteenth day of July, 1902, the hoard of commissioners of Elmore county duly and regularly let the contract to W. H. Davis for the keeping of the roads of contract road district No. 4 of Elmore county, in good repair as provided by law, for the term of two years from and after the twenty-ninth day of July, 1902. After the execution of the contract, and on the twenty-fifth day of July, the contractor made, executed and delivered to the board of commissioners his bond in due form conditioned for the faithful performance of his contract. At the July, 1903, meeting of the…

2Cases cited6 opinions

  1. Howell v. Board of CommissionersIdaho Supreme Court · 1898
  2. Hampton v. Commissioners of Logan CountyIdaho Supreme Court · 1896
  3. Fremont County v. BrandonIdaho Supreme Court · 1899
  4. Meller v. Board of CommissionersIdaho Supreme Court · 1894
  5. Conger v. Board of CommissionersIdaho Supreme Court · 1896

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. Harrison v. Board of County Com'rsIdaho Supreme Court · 1948
  2. School District No. 25 v. RiceIdaho Supreme Court · 1905
  3. Johnston v. SavidgeIdaho Supreme Court · 1905

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API