Independent School District No. 5 ex rel. Moore v. Collins
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District, for the County of Latah. Hon. Edgar C. Steele, Judge. Action to recover money alleged to have been paid on a void contract by a school district to one of its trustees. Judgment for plaintiff. The statute upon which the action is based is in its nature penal, as- it provides for a forfeiture, and should not be extended by construction beyond its natural meaning.
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APPEAL from the District Court of the Second Judicial District, for the County of Latah. Hon. Edgar C. Steele, Judge. Action to recover money alleged to have been paid on a void contract by a school district to one of its trustees. Judgment for plaintiff. The statute upon which the action is based is in its nature penal, as- it provides for a forfeiture, and should not be extended by construction beyond its natural meaning. (Black, •Interpretation of Laws, pp. 242, 243, 292, 293; Askew v. Ebberts, 22 Cal. 263.) The plaintiffs, in order to recover, must allege every fact to bring them within…
1Opinion of the CourtSullivan, J.
This action was brought in the name of Independent School District No. 5 of Latah County, upon the relation of Frank L. Moore and J. C. Richcreek, against Joseph Collins, to recover from said Collins the sum of $308.65, with lawful interest thereon, alleged to have been paid by said district upon a void contract.
After alleging the corporate existence of said district, it is alleged that during the time mentioned in the complaint, the defendant Collins was a qualified and acting member of the board of trustees of said district, and from about September 14, 1905, until September 10, 1906, was…
2Cases cited11 opinions
- Berka v. WoodwardCalifornia Supreme Court · 1899
- Collier v. . MunnNew York Court of Appeals · 1869
- Land, Log & Lumber Co. v. McIntyreWisconsin Supreme Court · 1898
- Smith v. . City of AlbanyNew York Court of Appeals · 1875
- Orr v. State Board of EqualizationIdaho Supreme Court · 1891
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3Cited by29 opinions
- Osburn v. StoneCalifornia Supreme Court · 1915
- Miller v. Jackson TownshipIndiana Supreme Court · 1912
- Zeyen v. Pocatello/Chubbuck School Dist 25Idaho Supreme Court · 2019
- City of Minneapolis v. CanterburySupreme Court of Minnesota · 1913
- Village of Heyburn v. Security Savings & Trust Co.Idaho Supreme Court · 1935
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