Legal Opinion

Board of County Commissioners v. Woods

Wyoming Supreme Court

Decided February 10, 1910No. 613PublishedCited by 6 opinions

On reserved constitutional questions from -the District Court, Big Horn County, Hon. Carroll H. Parmelee, Judge. The Act creating Park County took effect according to its terms from and after its passage, and therefore it acquired its full force and effect, whatever that is, upon its approval by the Governor, February 15, 1909. At the time the Act was approved a majority of the qualified electors of the territory proposed to be cut off had not voted in favor of the division,…

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On reserved constitutional questions from -the District Court, Big Horn County, Hon. Carroll H. Parmelee, Judge. The Act creating Park County took effect according to its terms from and after its passage, and therefore it acquired its full force and effect, whatever that is, upon its approval by the Governor, February 15, 1909. At the time the Act was approved a majority of the qualified electors of the territory proposed to be cut off had not voted in favor of the division, as they were required to do before the county could be divided under the closing sentence of Section 2 of Article XII…

1Opinion of the Court

Scott, Justice.

This cause comes to this court on reserved questions in an action instituted in Big Horn County to enjoin the defendants from proceeding to organize Park Coupty which was formed from a part of the territory included in Big Horn County by an Act of the Legislature approved February 15, 1909, and which appears as Chapter 19, S. L. 1909. The constitutionality of that Act is assailed. The questions, are as follows:

1. The proposition to divide the County of Big Horn not having been submitted to, or voted upon by, the qualified electors of the territory proposed to be cut off, on or…

2Cases cited3 opinions

  1. Board of Commissioners v. PerkinsWyoming Supreme Court · 1895
  2. Milk v. KentIndiana Supreme Court · 1877
  3. People v. McGuireCalifornia Supreme Court · 1867

3Cited by6 opinions

  1. Budge v. Board of Com'rsWyoming Supreme Court · 1922
  2. Brown v. ClarkWyoming Supreme Court · 1934
  3. Hurst v. DavisWyoming Supreme Court · 1963
  4. State ex rel. Budge v. SnyderWyoming Supreme Court · 1923
  5. STATE EX REL. WYOMING WORKERS'COMP. DIV. v. HalsteadWyoming Supreme Court · 1990

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