Frazier v. Hastings
| Citation | 144 P. 1122,26 Idaho 623 |
| Parties | H. O. FRAZIER, Plaintiff, v. F. W. HASTINGS et al., Defendants |
| Decision Date | 24 December 1914 |
| Court | Idaho Supreme Court |
1. Under the provisions of sec. 10 of an act of the legislature to create and organize the county of Gooding, and for other purposes (Sess. Laws 1913, p. 13), the county commissioners of Gooding county should make provision for the payment of the bonded indebtedness apportioned to it by levy and taxation at the times fixed by law for so doing, and in the same manner that the commissioners of Lincoln county could or should have done had Gooding county not been created.
2. Under the provisions of said section, the legislative intent was to give the same power and authority to the commissioners of Gooding county in dealing with said bonded indebtedness that the county commissioners of Lincoln county had prior to the creation of Gooding county.
3. Under the provisions of sec. 1960, Rev. Codes, the board of county commissioners of Lincoln county was authorized to issue negotiable coupon bonds of their county for the purpose of paying, redeeming, funding or refunding the outstanding indebtedness of the county, and after said Lincoln county debt had been apportioned to Gooding county, the board of commissioners had full authority to issue funding or refunding bonds in payment of said apportioned indebtedness.
4. Held, that the plaintiff is not entitled to a writ of injunction to restrain the county commissioners from issuing and selling such funding or refunding bonds.
Original application to this court for a writ of injunction to prohibit the board of county commissioners of Gooding county from issuing and selling certain county bonds for the funding or refunding of that portion of the indebtedness of Lincoln county which was apportioned to Gooding county on the creation of the latter county. Writ denied.
Writ of injunction denied.
W. G Bissell, for Plaintiff.
P. T Sutphen, County Attorney of Gooding County, for Defendants.
Counsel cite no authorities.
This is an original application by the plaintiff, who is a citizen resident and taxpayer of the county of Gooding, for a writ of injunction to restrain the board of county commissioners of said county from selling or disposing of county bonds in the sum of $ 10,000, issued for the purpose of funding a portion of the bonded indebtedness of the county of Lincoln which was apportioned to Gooding county at the time of its creation out of a portion of the territory of Lincoln county. On the filing of the petition or complaint, said board of county commissioners in writing waived the issuance of service of a citation in this matter, and expressly waived the provisions of the statute relative to the giving of a bond by the plaintiff, and asked leave to file an answer instanter, which they did, admitting the principal allegations of the complaint but denying that they as a board were about to issue said bonds without any warrant or authority of law, and averred that said bonds were regularly and legally issued in accordance with the provisions of the...
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