County of Canyon v. Toole

Citations

• 8 Idaho 501
• 69 P. 320
• 1902 Ida. LEXIS 40

Syllabus

<p>Pleading and Practice. — An allegation in a complaint that a petition which was presented to a board of county commissioners was “signed by a number of more than ten residents and taxpayers of said road district/’ is a sufficient averment to show that said petitioners were taxable for road purposes.</p> <p>Roads — Petition for Laying Out — Piling and Approving Bond.— A complaint which alleges that a petition for the establishment of a road was presented to the board of county commissioners, and that it was accompanied with a bond, and that said bond was filed, and avers that the commissioners appointed viewers to survey and view said road, and that said board received and accepted the report of said viewers, sufficiently shows that said bond was approved by the board.</p> <p>Boards of County Commissioners — Compliance With Statutory Requirements. — It is true that boards of county commissioners are statutory, and derive all their powers from the statutes, yet it is sufficient if, in discharging a power vested in the board by statute it substantially complies with all the requirements of the statute, as a literal compliance is not required.</p> <p>(Syllabus by Quarles, C. J.)</p>