Page v. Oneida Irrigation District
Idaho Supreme Court
APPEAL from the District Court of the Fifth Judicial District for the County of Franklin. Hon. Alfred Budge, Judge. Action to have declared void certain liens and encumbrances created by assessments levied by an irrigation district, and to have determined the nature and amount of such liens as were legally created, and for the purpose of enjoining respondent from creating or attempting to create other or additional liens or encumbrances by levying future assessments.
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APPEAL from the District Court of the Fifth Judicial District for the County of Franklin. Hon. Alfred Budge, Judge. Action to have declared void certain liens and encumbrances created by assessments levied by an irrigation district, and to have determined the nature and amount of such liens as were legally created, and for the purpose of enjoining respondent from creating or attempting to create other or additional liens or encumbrances by levying future assessments. Judgment for defendant. “A taxpayer is barred by laches from enjoining the collection of a tax where he has stood by and…
1Opinion of the Court
WALTERS, District Judge.
The appellant, who was the plaintiff below, is a land owner within the bounds of the respondent irrigation district, said lands being subject to certain liens and encumbrances created by said irrigation district.
This action was brought by appellant for the purpose of having declared void said liens and encumbrances which had been created by assessments made by respondent irrigation district and which appellant had failed to pay; that the court determine the nature and amount of the liens, if any, which had been legally created by defendant; and for the further purpose…
2Cases cited11 opinions
- Penn Mutual Life Insurance v. AustinSupreme Court of the United States · 1898
- Town of South Ottawa v. PerkinsSupreme Court of the United States · 1877
- Lent v. TillsonCalifornia Supreme Court · 1887
- Brenham v. German American BankSupreme Court of the United States · 1892
- Cagwin v. . Town of HancockNew York Court of Appeals · 1881
6 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Village of Heyburn v. Security Savings & Trust Co.Idaho Supreme Court · 1935
- Judith Basin Land Co. v. Fergus CountyCourt of Appeals for the Ninth Circuit · 1931
- Emmett Irr. Dist. v. ThompsonCourt of Appeals for the Ninth Circuit · 1918