Canyon County v. Toole
Idaho Supreme Court
APPEAL from tbe District Court of Canyon County. Honorable George H. Stewart, Judge. Action to condemn right of way for' a public road. Judgment for defendant. The facts are stated in the opinion.
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APPEAL from tbe District Court of Canyon County. Honorable George H. Stewart, Judge. Action to condemn right of way for' a public road. Judgment for defendant. The facts are stated in the opinion. In the case at bar the defendant Toole had the right to question the sufficiency of the petition for the highway described in the complaint or the regularity of any proceeding thereunder at any time prior to the final action of the board on the viewer’s report, and if aggrieved by the action taken, could have ap- ' pealed to the district court. This, however, the defendant failed to do. He appeared…
1Opinion of the CourtSulliyan, C. J.
This action was commenced, by order of the board of county commissioners of Canyon county, to condemn the right of way for a public road over the lands of respondents situated in road district No. 1 of said county. This action was before this court on a former appeal, the decision of which is reported in 8 Idaho, 501, 69 Pac. 320. In the complaint are alleged the facts of filing a petition for the location of said public road under the provisions of sections 920 and 921 of the Eevised Statutes, and of the action of the board of county commissioners on said petition. Said petition is as…
2Cases cited3 opinions
- In re Grove StreetCalifornia Supreme Court · 1882
- Gorman v. Board of CommissionersIdaho Supreme Court · 1874
- County of Canyon v. TooleIdaho Supreme Court · 1902
3Cited by5 opinions
- Edwards v. City of CheyenneWyoming Supreme Court · 1911
- Latah County v. HasfurtherIdaho Supreme Court · 1907
- City of Bessemer v. GoodwynSupreme Court of Alabama · 1940
- Gooding Highway District v. Idaho Irrigation Co.Idaho Supreme Court · 1917
- Hollister v. StateIdaho Supreme Court · 1904