Swain v. Fritchman
Idaho Supreme Court
APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action by plaintiff to enjoin and restrain the defendants from holding a city election. Judgment for the defendants and plaintiff appealed. Sec. 13, art. 3 of the constitution means that each house must keep a full and complete, not a partial, journal of its proceedings.
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APPEAL from the District Court of the Third Judicial District for Ada County. Hon. Carl A. Davis, Judge. Action by plaintiff to enjoin and restrain the defendants from holding a city election. Judgment for the defendants and plaintiff appealed. Sec. 13, art. 3 of the constitution means that each house must keep a full and complete, not a partial, journal of its proceedings. (Cohn v. Kingsley, 5 Ida. 416, 49 Pae. 985, 38 L. R. A. 74.) There cannot be a classification of cities under the provisions of art. 12 of the constitution, unless there shall be made applicable to cities under this…
1Opinion of the CourtAilshie, J.
This action was instituted in the district court by the plaintiff as a taxpayer against the mayor and members of the common council of Boise City, to enjoin and restrain them from holding a city election under and in pursuance of a proclamation issued by the mayor on March 4, 1912, which proclamation was made in pursuance of the provisions of the act of the legislature, approved March 13, 1911 (1911 Sess. Laws, p. 280), known as the Black Law or the commission government act. The trial court denied the application, and the plaintiff has appealed.
In addition to counsel who represent the…
2Cases cited5 opinions
- State v. TausickWashington Supreme Court · 1911
- Cohn v. KingsleyIdaho Supreme Court · 1897
- City Council of City of McAlester v. MilweeSupreme Court of Oklahoma · 1912
- Tarr v. Western Loan & Savings Co.Idaho Supreme Court · 1909
- Maughlin Mill Co. v. HamiltonWashington Supreme Court · 1910
3Cited by23 opinions
- Keenan v. PriceIdaho Supreme Court · 1948
- Idaho Gold Dredging Co. v. BalderstonIdaho Supreme Court · 1938
- CUPROWSKI v. City of Jersey CityNew Jersey Superior Court Appellate Division · 1968
- State Ex Rel. Anderson v. RaynerIdaho Supreme Court · 1939
- Dewey v. Doxey-Layton Realty Co.Utah Supreme Court · 1954
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