Rogers v. Hays
Idaho Supreme Court
APPEAL from District Court, Bingham County. The question here is, Did the board of county commissioners of Bingham county have power to remit or cancel taxes at their January meeting in 1892? If they had such power, no matter how much to the disadvantage of the county was their exercise of such, power, this action could not be maintained. If the board had jurisdiction but decided wrongly, certiorari will not lie.
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APPEAL from District Court, Bingham County. The question here is, Did the board of county commissioners of Bingham county have power to remit or cancel taxes at their January meeting in 1892? If they had such power, no matter how much to the disadvantage of the county was their exercise of such, power, this action could not be maintained. If the board had jurisdiction but decided wrongly, certiorari will not lie. (People v. Burney, 29 Cal. 459; Barbar v. San Francisco, 42 Cal. 630; People v. Dwindle, 29 Cal. 635; Yennoine v. Richter, 43 Cal. 312; Reynolds v. County Court, 47 Gal. 312; Monreal…
1Opinion of the CourtHuston, C. J.
This is an appeal from a judgment of the district court for Bingham county, setting aside and vacating an order made by defendants, the board of county commissioners of said Bingham county, on the fifteenth day of January, 1892, by which said board canceled and remitted taxes assessed against the Union Pacific Railway Company, for the year 1891, amounting to the sum of $15,566.95, and. costs $1,557.19.
The case as presented by the record is as follows: On January 15, 1892, said board of commissioners made and entered the following order, to wit: “It is the opinion of this board of…
2Cases cited3 opinions
- Orr v. State Board of EqualizationIdaho Supreme Court · 1891
- Picotte v. WattIdaho Supreme Court · 1892
- Rupert v. Board of CommissionersIdaho Supreme Court · 1882
3Cited by16 opinions
- Dunbar v. Board of Commissioners of Canyon CountyIdaho Supreme Court · 1897
- Ada County v. GessIdaho Supreme Court · 1895
- Harrison v. Board of County Com'rsIdaho Supreme Court · 1948
- Utah Ass'n of Credit Men v. BudgeIdaho Supreme Court · 1909
- V-1 Oil Company v. County of BannockIdaho Supreme Court · 1976
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