Boise City v. Wilson

Ninth Circuit

Boise City v. Wilson

113 F. 1016, 51 C.C.A. 683, 1902 U.S. App. LEXIS 4024

CourtCourt of Appeals for the Ninth Circuit

DecidedMarch 10, 1902

DocketNo. 699

StatusPublished

This text of 113 F. 1016 (Boise City v. Wilson) is published on Counsel Stack Legal Research, covering Court of Appeals for the Ninth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Boise City v. Wilson, 113 F. 1016, 51 C.C.A. 683, 1902 U.S. App. LEXIS 4024 (9th Cir. 1902).

Pincite

Opinion

ROSS, Circuit Judge.

This cause was submitted to the court below upon the pleadings and an agreed statement of facts, from which it appeared that the assessments for the municipal improvement in question were levied in accordance with what is known as the “front-foot rule”; and the court, being of the opinion that under the decision of the supreme court in the case of Village of Norwood v. Baker, 172 U. S. 269, 19 Sup. Ct. 187, 43 L. Ed. 443, assessments so levied were necessarily invalid, gave the complainants judg[1017]*1017ment On the authority of French v. Paving Co., 181 U. S. 324, 21 Sup. Ct. 625, 45 L. Ed. 879, Wight v. Davidson, 181 U. S, 371, 21 Sup. Ct. 616, 45 L. Ed. 900, and similar decisions decided at the same time and reported in the same volume, explaining, if not qualifying, the case of Village of Norwood v. Baker, the judgment is reversed, and cause remanded, with directions to the court below to enter judgment for the defendant

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ROSS, Circuit Judge.

This cause was submitted to the court below upon the pleadings and an agreed statement of facts, from which it appeared that the assessments for the municipal improvement in question were levied in accordance with what is known as the “front-foot rule”; and the court, being of the opinion that under the decision of the supreme court in the case of Village of Norwood v. Baker, 172 U. S. 269, 19 Sup. Ct. 187, 43 L. Ed. 443, assessments so levied were necessarily invalid, gave the complainants judg[1017]*1017ment On the authority of French v. Paving Co., 181 U. S. 324, 21 Sup. Ct. 625, 45 L. Ed. 879, Wight v. Davidson, 181 U. S, 371, 21 Sup. Ct. 616, 45 L. Ed. 900, and similar decisions decided at the same time and reported in the same volume, explaining, if not qualifying, the case of Village of Norwood v. Baker, the judgment is reversed, and cause remanded, with directions to the court below to enter judgment for the defendant

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Bluebook (online)

113 F. 1016, 51 C.C.A. 683, 1902 U.S. App. LEXIS 4024, Counsel Stack Legal Research, https://law.counselstack.com/opinion/boise-city-v-wilson-ca9-1902.

Opinion

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