Byrns v. City of Moscow
Idaho Supreme Court
An original application for writ of prohibition. This court has heretofore placed a construction upon chap. 12 of the code and upon see. 3 of art. 8 of the constitution, and has decided that if the issuance of bonds creates an indebtedness or liability, then the city cannot issue them without a vote of the people. (Veatch v. City of Moscow, 18 Ida. 313, 21 Ann.
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An original application for writ of prohibition. This court has heretofore placed a construction upon chap. 12 of the code and upon see. 3 of art. 8 of the constitution, and has decided that if the issuance of bonds creates an indebtedness or liability, then the city cannot issue them without a vote of the people. (Veatch v. City of Moscow, 18 Ida. 313, 21 Ann. Cas. 1332, 109 Pac. 722.) The law in the case we understand to be that “different acts of the legislature unless repugnant will be construed together in pari materia, as providing two methods of-improvements.” (28 Cyc. L. & Pr., p.…
1Opinion of the CourtStewart, C. J.
This is an application for a writ of prohibition. It is alleged in the affidavit that the plaintiff is an actual tona fide resident in and taxpayer of the city of Moscow, Idaho, and that he resides upon and owns lots and lands subject to assessment and taxation in, and included in, the proposed improvement district, mentioned and described in a copy of an ordinance of the city of Moscow which is attached to the affidavit, and that said district embraces the property of the plaintiff and others, abutting upon and contiguous and tributary to Polk street, between the north line of C street and…
2Cited by14 opinions
- Koch v. Canyon CountyIdaho Supreme Court · 2008
- Elliott v. McCreaIdaho Supreme Court · 1913
- Reynard v. City of CaldwellIdaho Supreme Court · 1933
- Oregon Short Line R. R. Co. v. BergIdaho Supreme Court · 1932
- Sebern v. CobbIdaho Supreme Court · 1925
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