Bradbury v. City of Idaho Falls
Idaho Supreme Court
APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action to enjoin the issuance and sale of municipal bonds. Judgment for defendants. Grants of power to municipal corporations are to be strictly construed, and such corporations possess only such powers as are expressly conferred or necessarily implied. Doubts as to the existence of a power are resolved against the corporation.
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APPEAL from the District Court of the Ninth Judicial District, for Bonneville County. Hon. James G. Gwinn, Judge. Action to enjoin the issuance and sale of municipal bonds. Judgment for defendants. Grants of power to municipal corporations are to be strictly construed, and such corporations possess only such powers as are expressly conferred or necessarily implied. Doubts as to the existence of a power are resolved against the corporation. (2 Sutherland on Statutory Construction, see. 551, p. 1027, and cases cited in notes; 1 Dillon on Municipal Corp., sec. 237, p. 449, and cases cited in…
1Dissent
BUDGE, C. J.,
Dissenting. — The sole question involved is whether the power given to municipalities by Bev. Codes, see. 2315, as amended by chap. 16, Sess. Laws 1917, p. 43, is broad enough to authorize them to issue bonds for the purpose of constructing, enlarging, extending, repairing, altering and improving electric light and power plants. Subdivision (c) of the section, as amended, reads as follows:
“(c) Every city, town or village, incorporated under the laws of the Territory of Idaho or the State of Idaho, shall have power and authority to issue municipal coupon bonds in a sufficient…
2Cases cited9 opinions
- City of Bridgeport v. Housatonuc RailroadSupreme Court of Connecticut · 1843
- Clark v. City of Los AngeLesCalifornia Supreme Court · 1911
- State ex rel. Town of Canton v. AllenSupreme Court of Missouri · 1903
- State ex rel. City of Columbia v. AllenSupreme Court of Missouri · 1904
- Thompson Houston Electric Co. v. City of NewtonU.S. Circuit Court for the Southern District of Iowa · 1890
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