Fremont County v. Warner
Idaho Supreme Court
APPEAL from District Court, Fremont County. A county in tbis state is treated as a municipal corporation, and it is a well-known rule that a municipal corporation is subject to the same disabilities as ordinary corporations, in the absence of special statutory regulations.
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APPEAL from District Court, Fremont County. A county in tbis state is treated as a municipal corporation, and it is a well-known rule that a municipal corporation is subject to the same disabilities as ordinary corporations, in the absence of special statutory regulations. The supreme court of Idaho has passed upon the question of the power of corporations in Salmon River M. & S. Go. v. Dunn, 2 Idaho, 26, 3 Pac. 911, and squarely decided that a corporation organized to mine and smelt ores cannot purchase a chose in action. The court therein says: “In every contract there must be mutuality and…
1Opinion of the CourtHuston, C. J.
This action was brought upon a promissory note made by defendants to plaintiff. The ease was heard by the trial court upon the following stipulation of facts: “It is agreed that the facts herein involved are as follows: 1. That for the year 1895 and 1896 the defendant J. P. Warner was the duly elected, qualified, and acting sheriff of the plaintiff county. 2. That upon the expiration of his said term of office the plaintiff county made a claim against said defendant Warner for monej's amounting to over $1,000, which it was claimed said defendant had received as such officer, and liad not…
2Cited by10 opinions
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- Payette Lakes Protective Ass'n v. Lake Reservoir Co.Idaho Supreme Court · 1948
- Power County v. Evans Bros. Land & Live Stock Co.Idaho Supreme Court · 1926
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