Legal Opinion

Tate v. Johnson

Idaho Supreme Court

Decided May 17, 1919PublishedCited by 3 opinions

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action to enjoin payment of claims against the city. Permanent restraining order issued. The municipality of Boise City can employ detectives to investigate violations of city ordinances, and to secure evidence of such violations. This is held to be within the power of municipalities everywhere.

Read the full summary

APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Chas. P. McCarthy, Judge. Action to enjoin payment of claims against the city. Permanent restraining order issued. The municipality of Boise City can employ detectives to investigate violations of city ordinances, and to secure evidence of such violations. This is held to be within the power of municipalities everywhere. It is also established beyond any question that, at common law, a city council could ratify the acts of a mayor in employing detectives, even though the mayor had no specific authority to…

1Opinion of the CourtRice, J.

This action was brought by one Joseph Sullivan to enjoin the city treasurer of Boise City from paying certain warrants issued by the city clerk in accordance with the order of the city council. In the trial court, judgment was entered enjoining the payment of the warrants. The appeal is from, the judgment. After the appeal was perfected Sullivan died, *253and upon motion Wilbur J. Tate was substituted as respondent.

The warrants were issued to reimburse one J. E. Compton, a private citizen, for payments made by him of salaries and expenses of certain detectives whom he employed under an…

Also in this document: Concurrence.

2Cases cited6 opinions

  1. Crofut v. City of DanburySupreme Court of Connecticut · 1894
  2. Abels v. Board of SupervisorsMichigan Supreme Court · 1880
  3. Flannagan v. BuxtonWisconsin Supreme Court · 1911
  4. Moore v. HuppIdaho Supreme Court · 1909
  5. O'Dell v. ScrantonMissouri Court of Appeals · 1907

1 more not listed; retrieve them via the Exa API.

3Cited by3 opinions

  1. H. J. McNeel, Inc. v. Canyon CountyIdaho Supreme Court · 1954
  2. Town of Worland v. Odell & JohnsonWyoming Supreme Court · 1958
  3. H. J. McNeel, Inc. v. Canyon CountyIdaho Supreme Court · 1954

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API