County of Ada v. Bullen Bridge Co.

Citations

• 5 Idaho 188
• 47 P. 824
• 1897 Ida. LEXIS 5

Syllabus

<p>Pleading — Equity.—An equitable action cannot be maintained to cancel county warrants alleged to have been illegally issued, whem there exists an adequate remedy at law, either affirmative or defensive.</p> <p>Cancellation oe Written Instrument. — A court of equity will not interfere to decree the cancellation of a written instrument, unless, some special circumstance is shown to exist, establishing the-necessity of a resort to equity to prevent irreparable injury. Section 4928 of the Kevised Statutes Construed.; — Under the provisions of section 4928 of the Revised Statutes, the county can. compel the defendants to wage their claims on the warrants sued on. in this case, or to forever abandon them.</p> <p>Same — Action at Law. — The action provided for by said section is an-action at law, and triable in the ordinary course of law by a jury,, unless a jury be waived.</p> <p>Same — Adequate Remedy. — The provisions of said section provides. an adequate remedy against the delay of defendants in bringing, suit to recover on said warrants.</p> <p>(Syllabus by the court.)’</p>