Baker v. Gooding County
Idaho Supreme Court
Original proceeding in tbis court for a writ of probibition prohibiting tbe board of county commissioners of Gooding county from proceeding to sell road bonds and to distribute tbe proceeds thereof proportionately among tbe several highway districts of said county. Tbe county cannot dispose of its funds except in certain authorized ways.
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Original proceeding in tbis court for a writ of probibition prohibiting tbe board of county commissioners of Gooding county from proceeding to sell road bonds and to distribute tbe proceeds thereof proportionately among tbe several highway districts of said county. Tbe county cannot dispose of its funds except in certain authorized ways. If Gooding county attempted to turn over any part of tbe proceeds of tbis bond issue to a highway district, any taxpayer in that county could restrain such act. (Miller v. Smith, 7 Ida. 204, 61 Pac. 824; Dunbar v. Canyon County Board of Commrs., 5 Ida. 407,…
1Concurrence
AILSHIE, C. J.,
Concurring. — I concur in the opinion by Mr. Justice Sullivan and in addition to what he has said desire also to call attention to the fact that the notice of election in this case was invalid and void for failure to state the purpose for which the money realized from the bond issue should be used. The notice should have stated the particular roads or bridges to be repaired or constructed and the amount to be used on each. (See Howard v. Independent School Dist., 17 *517Ida. 537, 106 Pac. 692; Corker v. Village of Mountainhome, 20 Ida. 32, 116 Pac. 108; Platt v. City of Payette, 19…
2Cases cited4 opinions
- Howard v. Independent School District No. 1Idaho Supreme Court · 1910
- Independent Highway District No. 2 v. Ada CountyIdaho Supreme Court · 1913
- Corker v. Village of MountainhomeIdaho Supreme Court · 1911
- Platt v. City of PayetteIdaho Supreme Court · 1911