Gaiser v. Steele

Citations

• 25 Idaho 412
• 137 P. 889
• 1914 Ida. LEXIS 2

Syllabus

<p>Appeal from Board of County Commissioners — Trial Anew — Jurisdiction of Court.</p> <p>1. Where a board of county commissioners dismissed a petition for the segregation of a common school district from a rural high school upon the ground that the law authorizing such action had been repealed, and the petitioners appealed from such order to the district court, and the district court held and decided that the board of commissioners erred in dismissing the petition and in.holding that the law authorizing such petition had been repealed, there was no further issue to try “anew,” and the district court properly remanded the petition to the board of commissioners for a hearing on the merits thereof.</p> <p>2. To try a case “anew” or “de novo” implies that.the case has been heard before, and where no issue has been tried there is no issue to try “anew.”</p> <p>3. Under the provisions of sec. 141, chap. 159, of the 1911 Sess. Laws (p. 538), it is the duty of the board of commissioners to hear the faets upon which a petition is presented to such board and determine whether or not “it is to the best interests of the .... school district to be segregated from the rural, high school to which said .... district is joined,” and “if they unanimously agree,” they may grant the petition and segregate the district so petitioning. Under this statute the petition and the facts upon ■which it is presented should be heard by the board of commissioners and by them passed upon.</p>