Weisgerber v. Nez Perce County
Idaho Supreme Court
APPEAL from tbe District Court of tbe Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Seales, Judge. Action to enjoin the issuance of county road and bridge bonds. Since the law does not fix the time for holding special elections, the provisions of the law as to notice are mandatory, and the election is void unless notice is given in the manner provided by the statute.
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APPEAL from tbe District Court of tbe Tenth Judicial District, for Nez Perce County. Hon. Wallace N. Seales, Judge. Action to enjoin the issuance of county road and bridge bonds. Since the law does not fix the time for holding special elections, the provisions of the law as to notice are mandatory, and the election is void unless notice is given in the manner provided by the statute. (State v. Echols, 41 Kan. 1, 20 Pac. 523; Guernsey v. McHaley, 52 Or. 555, 98 Pac. 158; Hatfield v. City of Covington, 177 Ky. 124, 197 S. W. 535.) “The failure to publish the notice of a special election for the…
1Opinion of the Court
.RICE, C. J.
This action was commenced by appellant, a resident and taxpayer of Nez Perce county, to enjoin the issuance of bonds for the purpose of constructing and repairing roads and bridges.
Appellant contends that the election authorizing issuance of the bonds was illegal, for the reason that the notices posted in the various precincts of the county were insufficient in the following particulars:(1) That the notices posted in the several precincts did not describe the polling place in each precinct with particularity, but only as “the usual voting place.”(2) That in six of the twenty-five…
2Cases cited35 opinions
- Dishon v. SmithSupreme Court of Iowa · 1859
- Wheat v. SmithSupreme Court of Arkansas · 1887
- State ex rel. Mullen v. DohertyWashington Supreme Court · 1897
- Jones v. StateIndiana Supreme Court · 1899
- Town of Grove v. Haskell, GovernorSupreme Court of Oklahoma · 1909
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3Cited by22 opinions
- Knorr v. BeardsleySupreme Court of Iowa · 1949
- In Re East Bay Etc. Water Bonds of 1925California Supreme Court · 1925
- Boise City v. Better Homes, Inc.Idaho Supreme Court · 1952
- Harrison v. Board of County Com'rsIdaho Supreme Court · 1948
- State Ex Rel. City of Berkeley v. HolmesSupreme Court of Missouri · 1949
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