Gem Irrigation District v. Van Deusen
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Proceeding for a writ of mandate. The right to make appropriations depends upon the existence of certain facts which do not appear in the law.
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APPEAL from the District Court of the Third Judicial District, for Ada County. Hon. Charles P. McCarthy, Judge. Proceeding for a writ of mandate. The right to make appropriations depends upon the existence of certain facts which do not appear in the law. In such cases it is for the legislature and Governor and not the court to say if the facts are a sufficient basis for a valid appropriation and are not in conflict with the prohibition that the credit of the state shall not in any manner be given or loaned or that the legislature shall not impose taxes for the purpose of any county, city,…
1Opinion of the CourtBudge, C. J.
This proceeding was brought in the district court of the third judicial district, for Ada county, by respondent, for a writ of mandate to compel appellant, as state auditor, to draw a warrant on the general fund for $90,396, payable to the state board of land commissioners, and to deliver it to respondent for the indorsement of its officers. An alternative writ was issued. A motion to quash was overruled and - appellant declined to plead further. Thereupon the trial court filed its findings 'of fact and con*782elusions of law and entered judgment directing that'the writ issue. This appeal is from…
Also in this document: Concurrence.
2Cases cited5 opinions
- Woodall v. DarstWest Virginia Supreme Court · 1912
- Pioneer Irrigation District v. WalkerIdaho Supreme Court · 1911
- Brown Bros. v. Columbia Irrigation DistrictWashington Supreme Court · 1914
- Ferbrache v. Drainage District No. 5Idaho Supreme Court · 1912
- Agricultural & Mechanical College v. HagerCourt of Appeals of Kentucky · 1905
3Cited by17 opinions
- Twohy Bros. v. Ochoco Irrigation DistrictOregon Supreme Court · 1922
- State Ex Rel. Rich v. Idaho Power Co.Idaho Supreme Court · 1959
- Williams v. BaldridgeIdaho Supreme Court · 1930
- Mills v. StewartMontana Supreme Court · 1926
- Fawcett v. Nampa & Meridian Irrigation DistrictIdaho Supreme Court · 1920
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