187 P. 269 | Idaho | 1920
This is an action to enjoin the issuance of bonds by the Evergreen Highway District of Lewis eounty. A general demurrer to the complaint was sustained and the appellant refusing to plead further, judgment was entered dismissing the action. This appeal is from the judgment.
From the complaint it appears that a bond issue of $90,000 for the purpose of construction, improvement and repair of highways within the Evergreen Highway District was authorized at an election called for that purpose in May, 1919. The
At the time of the creation of the highway district, sec. 6, chap. 55, Sess. Laws 1911, provided that “. ... in no event shall any action be commenced or maintained .... affecting the validity of such organization after one year from and after the making and entering of the order” of the board of county commissioners declaring the highway district duly organized. Clearly, under the provisions of this statute this action could not be maintained.
The trial court committed no error in holding that the complaint failed to state facts sufficient to constitute a cause of