Legal Opinion

Gardner v. Blaine County

Idaho Supreme Court

Decided January 22, 1909PublishedCited by 13 opinions

APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. A petition was presented to the board of county commissioners for the incorporation of the village of Soldier. The board granted the prayer of the petition. An appeal was taken to the district court, where the order of the board was affirmed. This appeal is from the judgment of the district court.

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APPEAL from the District Court of the Fourth Judicial District for Blaine County. Hon. Edward A. Walters, Judge. A petition was presented to the board of county commissioners for the incorporation of the village of Soldier. The board granted the prayer of the petition. An appeal was taken to the district court, where the order of the board was affirmed. This appeal is from the judgment of the district court. The proceedings before the district court in such appeals are the same as upon an appeal from the probate or justice court in a civil action; there must be a trial de novo, and it is no…

1Opinion of the CourtStewart, J.

A petition was presented to the board of county commissioners of Blaine county, praying for the incorporation of the village of Soldier as provided for in Rev. Codes, sec. 2222. Afterward the board of county commissioners made an order incorporating the village of Soldier, fixed the metes and bounds thereof, and designated a board of trustees to serve until the next regular village election. Walter Gardner, a citizen of the United States and the state of Idaho, and a resident and taxpayer within the limits of the territory of the purported village of Soldier, appealed to the district court…

2Cases cited5 opinions

  1. Latah County v. HasfurtherIdaho Supreme Court · 1907
  2. Clyne v. Bingham CountyIdaho Supreme Court · 1900
  3. Campbell v. Board of Commissioners of Canyon CountyIdaho Supreme Court · 1896
  4. Fisher v. Board of County CommissionersIdaho Supreme Court · 1895
  5. Mahoney v. Board of County CommissionersIdaho Supreme Court · 1902

3Cited by13 opinions

  1. Prothero v. Board of County CommissionersIdaho Supreme Court · 1912
  2. Cornelison v. CornelisonIdaho Supreme Court · 1933
  3. Stark v. McLaughlinIdaho Supreme Court · 1927
  4. Village of Ilo v. RameyIdaho Supreme Court · 1910
  5. Udy v. Cassia CountyIdaho Supreme Court · 1944

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