Legal Opinion

Latah County v. Hasfurther

Idaho Supreme Court

Decided January 2, 1907PublishedCited by 11 opinions

APPEAL from the District Court of Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Respondents moved to reverse or modify order of the board of county commissioners. The motion was sustained and the order reversed, from which order and judgment the county appeals. This court has held that a private road may be laid out upon the application of a particular individual; that only one signer is necessary to the road petition.

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APPEAL from the District Court of Second Judicial District for Latah County. Hon. Edgar C. Steele, Judge. Respondents moved to reverse or modify order of the board of county commissioners. The motion was sustained and the order reversed, from which order and judgment the county appeals. This court has held that a private road may be laid out upon the application of a particular individual; that only one signer is necessary to the road petition. (Latah County v. Peterson, 3 Idaho, 398, 29 Pac. 1089; Sherman v. Buich, 32 Cal. 241, 91 Am. Dec. 577.) An appeal would not lie on behalf of Martin…

1Opinion of the CourtStockslager, C. J.

This is an appeal from the judgment of the district court of Latah county. In October, 1905, Joseph Kambitch presented to the board of county commissioners of Latah county his petition for a private road. The petition was signed by himself alone. The petition says: “The necessity for and advantage of the establishing of said road are as follows: That your petitioner, Joseph Kambitch, owns two hundred and forty acres in section 2 in said township, and resides there, with his family, long prior hereto; *800that he has now no public road for ingress and egress or public road facilities whatever, and…

Also in this document: Concurrence.

2Cases cited4 opinions

  1. Latah County v. PetersonIdaho Supreme Court · 1892
  2. Foresman v. Board of CommissionersIdaho Supreme Court · 1905
  3. Canyon County v. TooleIdaho Supreme Court · 1904
  4. Great Northern Railway Co. v. Kootenai CountyIdaho Supreme Court · 1904

3Cited by11 opinions

  1. Gardner v. Blaine CountyIdaho Supreme Court · 1909
  2. Thomas v. Boise CityIdaho Supreme Court · 1914
  3. Davis v. Board of Commr. of Lincoln CountySupreme Court of Oklahoma · 1913
  4. Ryan v. Weiser Valley Land & Water Co.Idaho Supreme Court · 1911
  5. Giltner Dairy, LLC v. Jerome CountyIdaho Supreme Court · 2011

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