Balderston v. Brady
Idaho Supreme Court
Original action by tbe plaintiff to procure a writ of prohibition, restraining and prohibiting the state board of land commissioners from relinquishing the state’s right and title to certain indemnity school lands. The defendant board demurred to the petition. Plaintiff brings this application on the theory that the threatened action of the state land board is of qwasi-.judicial nature. The board can and does exercise quasi-judicial functions.
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Original action by tbe plaintiff to procure a writ of prohibition, restraining and prohibiting the state board of land commissioners from relinquishing the state’s right and title to certain indemnity school lands. The defendant board demurred to the petition. Plaintiff brings this application on the theory that the threatened action of the state land board is of qwasi-.judicial nature. The board can and does exercise quasi-judicial functions. (Pierson v. Board, 14 Ida. 159, 93 Pae. -775, and statutes there cited.) But nowhere in the constitution, in the statutes, or in the decision is there…
1Opinion of the CourtAilshie, J.
— This is an original action commenced in this court by the plaintiff, as a citizen and taxpayer, praying for a writ of prohibition against the threatened action *571of tbe state board of land commissioners, prohibiting and restraining them from relinquishing the right and title of the state of Idaho to certain lands situated in Shoshone county and heretofore selected by the board under the land grants made by the general government to the state of Idaho. The board has filed a demurrer to the complaint, raising the sufficiency of the allegations of the complaint to entitle the plaintiff to the…
2Cases cited12 opinions
- Leavenworth, Lawrence, & Galveston Railroad v. United StatesSupreme Court of the United States · 1876
- Schulenberg v. HarrimanSupreme Court of the United States · 1875
- St. Paul & Pacific Railroad v. Northern Pacific RailroadSupreme Court of the United States · 1891
- Heydenfeldt v. Daney Gold and Silver Mining Co.Supreme Court of the United States · 1877
- Rice v. Railroad Co.Supreme Court of the United States · 1862
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3Cited by32 opinions
- Diefendorf v. GalletIdaho Supreme Court · 1932
- Mead v. ArnellIdaho Supreme Court · 1990
- Idaho Watersheds Project v. State Board of Land CommissionersIdaho Supreme Court · 1999
- In Re Petition of Idaho State Fed. of Labor (Afl)Idaho Supreme Court · 1954
- Mundell v. SwedlundIdaho Supreme Court · 1937
27 more not listed; retrieve them via the Exa API.