People ex rel. Attorney General v. Alturas County

Citations

• 6 Idaho 418
• 55 P. 1067
• 1899 Ida. LEXIS 7

Syllabus

<p>Counties — Recognition or — Estoppel.—The state, having, through-each of its co-ordinate branches of government, repeatedly recognized Blaine county as a county and legal subdivision of the state, is estopped, after the lapse of nearly four years, from questioning the regularity of the passage of the act creating the eountv.</p> <p>Same. — Act creating county will not be inquired into after recognition for four years. The legislature, by an act approved March 5, 1895, established the county of Blaine; the legislature thereafter, in four different acts, recognized the existence of Blaine county as a legal subdivision of the state; the supreme court of the state held the acts creating Blaine county to be valid; its existence was repeatedly recognized by the executive department; the people residing within the territory embraced within Blaine county repeatedly recognized the existence of the county; held, general elections therein, participated in by the electors, generally elected county and precinct officers, levied and collected taxes, assumed debts of its predecessors, funded a large indebtedness, brought suits as a county against other counties, and recovered large sums, and exercised all the powers and functions of a county government for a period of nearly four years. Held, that under such circumstances, the court would decline to examine into the manner of the passage of the act creating the county.</p> <p>(Syllabus by the court.)</p>