Bannock County v. Bell
Idaho Supreme Court
' APPEAL from District Court, Bannock County. The complaint shows upon its face that both causes of action are and were barred by the statute of limitations, and had so been barred for over a year prior to the filing of the complaint. (Idaho Rev. Stats., secs. 4053, 4060.) The statute of limitation runs as well against a municipal corporation as against an individual. (In re Opening of Beck Street, 19 Mise. Rep. 571, 44 N. Y. Supp. 1087; In re Opening of Fox Street, 19 Mise.
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' APPEAL from District Court, Bannock County. The complaint shows upon its face that both causes of action are and were barred by the statute of limitations, and had so been barred for over a year prior to the filing of the complaint. (Idaho Rev. Stats., secs. 4053, 4060.) The statute of limitation runs as well against a municipal corporation as against an individual. (In re Opening of Beck Street, 19 Mise. Rep. 571, 44 N. Y. Supp. 1087; In re Opening of Fox Street, 19 Mise. Rep. 571, 44 N. Y. Supp. 1087; Hartmcun v. Hunter, 56 Ohio St. 175, 46 N. E. 577; Gaines v. Hoi Springs Gounty, 39 Ark.…
1Dissent
QTJABLES, C. J.,
Dissenting. — I am unable to concur in the opinion prepared by my associate, or the conclusion reached in this case. I-feel that it is my duty to state at length the reasons which prevent my concurrence in the views' expressed in the majority opinion. It is held in the majority opinion that, as the statute of limitations runs against the state and every subdivision of it, the respondent county is barred by tire statute. This conclusion, to my mind, is erroneous. The authorities cited in the majority opinion, with one or two exceptions, do not sustain that contention. The…
2Cases cited13 opinions
- Ada County v. GessIdaho Supreme Court · 1895
- Board of Commissioners v. Van SlyckSupreme Court of Kansas · 1894
- People ex rel. Dunn v. Van NessCalifornia Supreme Court · 1888
- Fremont County v. BrandonIdaho Supreme Court · 1899
- People ex rel. Dunn v. MeloneCalifornia Supreme Court · 1887
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