REPORTS

OF

C

CASES ARGUED AND DETERMINED

IN THE

SUPREME COURT

OF

STATE OF IDAHO.

BY I. W. HART.

(Ex-officio Reporter.)

0

VOLUME 17.

SAN FRANCISCO:

BANCROFT-WHITNEY COMPANY,

LAW PUBLISHERS AND LAW BOOKSELLERS.

1910.

Copyright, 1910.

By I. W. HART,

(For the benefit of the State of Idaho.).

JUL 7 1910

SAN FRANCISCO:
THE FILMER BROTHERS ELECTROTYPE COMPANY,
TYPOGRAPHERS AND STEREOTYPERS.

JUSTICES OF THE SUPREME COURT.

ISAAC N. SULLIVAN, Chief Justice.......Re-elected 1904

E. C. STEELE, 2d District.
FREMONT WOOD, 3d District.
E. A. WALTERS, 4th District
ALFRED BUDGE, 5th District

J. M. STEVENS, 6th District....

EDWIN L. BRYAN, 7th District..

*ROBERT N. DUNN, 8th District. .Appointed April, 1909

.Re-elected 1906

.Elected 1906

.Elected 1906

Re-elected 1906

.Re-elected 1906

...Elected 1906

*Appointed for new district, consisting of Bonner and Kootenai Counties, created by act of legislature approved March 15, 1909.

(iii)

TABLE OF CASES REPORTED.

Alameda Mining and Milling Company, Linn v.
Armstrong, Rosnagle v......

Atlanta Mercantile Company, Densel v.

Page

45

246

432

567

259

286

379

...

Bayhouse v. Urquides....

Board of Commissioners of Custer County, Roberts v.

Board of County Commissioners of Bear Lake County, O'Connor v.. 346
Board of County Commissioners of Boise, Dukes v.
Board of County Commissioners of Canyon County, Gillesby v.....
Boise Valley Construction Company v. Kroeger.

736

......

586

384

Dukes v. Board of County Commissioners of Boise County.

736

First National Bank of Weiser v. Washington County..
Fleming, State v..