Adleman v. Pierce
Idaho Supreme Court
APPEAL from District Court, Ada County. The writ of certiorari or writ of review is tbe proper remedy. (See Orr v. Board of Equalization, 3 Idaho, 190, 28 Pac. 416; Bunn v. Sharp, 4 Idaho, 98, 35 Pae. 842; Maxwell v. Board of Supervisors, 53 Cal. 391.) The making of the contract between the city and the said Thomas K. Muir & Co. is not, and was not, authorized by any law relating thereto, and is in excess of its authority.
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APPEAL from District Court, Ada County. The writ of certiorari or writ of review is tbe proper remedy. (See Orr v. Board of Equalization, 3 Idaho, 190, 28 Pac. 416; Bunn v. Sharp, 4 Idaho, 98, 35 Pae. 842; Maxwell v. Board of Supervisors, 53 Cal. 391.) The making of the contract between the city and the said Thomas K. Muir & Co. is not, and was not, authorized by any law relating thereto, and is in excess of its authority. The following eases are cited to show that the common-law writ of certiorari is the proper remedy for illegal or invalid proceedings of a municipal corporation: 4 Ency. of…
1Opinion of the CourtQuarles, J.
— The common council of Boise City passed, on May 8, 1897, an ordinance requiring the grading, curbing, and paving of Main street from the west curb line of Fifth street to the west line of Tenth street, in said city, and providing that part of the cost thereof should be charged to the abutting landowners. After advertising for bids as required by said ordinance, the council accepted, May 17, 1897, the bid of Thomas X. Muir & Co., and let a contract for the work to said firm. The appellant (one of the abutting owners upon the portion of said street to be paved under said contract) filed on…
2Cases cited2 opinions
- Wulzen v. Bd. of Supervisors of City & Cty of San FranciscoCalifornia Supreme Court · 1894
- State Ex Rel. Fletcher v. OsburnNevada Supreme Court · 1898
3Cited by5 opinions
- Lansdon v. State Board of CanvassersIdaho Supreme Court · 1910
- McConnell v. State Board of EqualizationIdaho Supreme Court · 1905
- Newell v. Franklin, CommissionersSupreme Court of Rhode Island · 1910
- Nuckols v. LyleIdaho Supreme Court · 1902
- Hammer v. SmithArizona Supreme Court · 1908