Fisher v. Board of County Commissioners
Idaho Supreme Court
WRIT of error to District Court, Bannock County. All statutory proceedings and rights which did not exist at common law are without the guaranty of trial by jury. The right of jury trial applies only to rights and proceedings which existed at common law. (Kimball v. Connor, 3 Kan. 414; Plimpton v. Somerset, 33 Yt. 283.) Certain summary proceedings or inquisitions by the state have been held not to be within the guaranty of trial by jury.
Read the full summary
WRIT of error to District Court, Bannock County. All statutory proceedings and rights which did not exist at common law are without the guaranty of trial by jury. The right of jury trial applies only to rights and proceedings which existed at common law. (Kimball v. Connor, 3 Kan. 414; Plimpton v. Somerset, 33 Yt. 283.) Certain summary proceedings or inquisitions by the state have been held not to be within the guaranty of trial by jury. (Crandell v. James, 6 R. I. 144; Harper v. Commissioners, 23 Ga. 566; Rankin v. Jauman, unte, p. 53, 36 Pac. 501; Rupert v. Board of County Commrs., 2 Idaho,…
1Opinion of the Court
SULLIVAN, J-
(After Stating the Facts.) — The plaintiffs in error contend, first, that the court erred in submitting the case to a jury. Section 1776 of the Revised Statutes provides for appeals from the action of the board of county commissioners to the district court, and section 1779 provides that the case-on appeal must be heard anew. Section 4369 of the Revised Statutes of 1887 provides that in certain cases issues of fact must be tried by a jury, unless a jury trial is waived. The case at bar comes within the provisions of said section, and the court did not err in submitting the case to…
2Cited by5 opinions
- Gardner v. Blaine CountyIdaho Supreme Court · 1909
- Nicolaus v. BodineIdaho Supreme Court · 1968
- Eastern Idaho Health Services, Inc. v. BurtenshawIdaho Supreme Court · 1992
- Criddle v. Board of CommissionersIdaho Supreme Court · 1926
- Eastern Idaho Health Services, Inc. v. BurtenshawIdaho Supreme Court · 1992