City of Wardner v. Pelkes

Citations

• 8 Idaho 333
• 69 P. 64
• 1902 Ida. LEXIS 19

Syllabus

<p>Incorporation of Towns and Villages. — Under the provisions of section 2224 of the Revised Statutes of 1887, prior to its repeal, the petition for the incorporation of a town or village, as well as the order of incorporation, was required to contain an accurate description of the metes and bounds of such town or village, and if they did not contain such description the order of incorporation was void.</p> <p>Same — Repeal of Statute. — An act entitled ‘An act to provide for the organization, government and powers of cities and villages,’ approved March 4, 1893 (see Sess. Laws 1893, p. 97), and re-enacted in 1899 (see Sess. Laws 1899, p. 192), provides a complete scheme or plan for the organization, government and power of cities and villages, and repeals all prior acts upon that subject.</p> <p>Miscitation of Statute and Sufficiency of Petition and Order. A miscitation of a section of the statute in a petition and order for the incorporation of a town or village will not make such petition and order void. And held that the position and order were in substantial compliance with the statute.</p> <p>Power of Legislature. — The legislature has the power to authorize the inhabitants of a town or village to designate in their petition for incorporation the metes and bounds of such town or village, subject to review by the board of county commissioners and on appeal by the district court.</p> <p>Scope of Statute. — The provisions of said section 40 of said act of 1893 and 1899 authorize the incorporation of towns and villages containing more than one thousand inhabitants.</p> <p>' (Syllabus by the court.)</p>