Drainage District No. 2 v. Extension Ditch Co.
Idaho Supreme Court
APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Isaac F. Smith, Judge. Proceeding for the organization of a drainage district. Order confirming the report of the commissioners.’ The wife of a man, owning community property interest in the district is as much a freeholder as the husband, and should be given the same notice of the formation of the district or the levy of assessments on community property as the husband is given.
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APPEAL from the District Court of the Seventh Judicial District, for Canyon County. Hon. Isaac F. Smith, Judge. Proceeding for the organization of a drainage district. Order confirming the report of the commissioners.’ The wife of a man, owning community property interest in the district is as much a freeholder as the husband, and should be given the same notice of the formation of the district or the levy of assessments on community property as the husband is given. (Hughes v. Latour Creek B. B. Co., 30 Ida. 475, 166 Pac. 219; 14 Cyc. 1033.) Service of the notice of the hearing of the…
1Opinion of the CourtBudge, J.
This is an appeal from an order confirming the report of the commissioners of Drainage District No. 2 of Canyon county.
At the hearing upon the petition for the organization of the district, certain lands of the appellants were, upon stipulation, excluded from the boundaries thereof. The report of the commissioners recommended that these lands be included in the district. The point is sought to be made that the order of the court, excluding such lands, is res adjudicada, and that neither the commissioners nor the court had authority upon the final hearing to include them therein.
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2Cases cited12 opinions
- Dalrymple v. . WilliamsNew York Court of Appeals · 1875
- Hodgkins v. . MeadNew York Court of Appeals · 1890
- Portneuf Irrigating Co. v. BudgeIdaho Supreme Court · 1909
- State ex rel. Baltzell v. StewartWisconsin Supreme Court · 1889
- Burt v. Farmers' Co-Operative Irrigation Co.Idaho Supreme Court · 1917
7 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- Umphrey v. SprinkelIdaho Supreme Court · 1983
- Dawson v. EldredgeIdaho Supreme Court · 1962
- Evans v. DavidsonIdaho Supreme Court · 1937
- Commonwealth Ex Rel. Kelley v. CantrellSupreme Court of Pennsylvania · 1937
- Glennon v. FisherIdaho Supreme Court · 1932
7 more not listed; retrieve them via the Exa API.