Legal Opinion

Katerndahl v. Daugherty

Idaho Supreme Court

Decided April 25, 1917PublishedCited by 13 opinions

Original application by R. W. Katerndahl for writ of mandate. The court- may go back of the certificate or enrolled bill and investigate the journals of the various Houses of the legislature to ascertain whether the law was really passed and what the law really is. (Weill v. Kenfield, 54 Cal. Ill; Oakland Paving Go. v. Hilton, 69 Cal. 479, 481, 11 Pac. 3; People v. Dunn, 80 Cal. 211, 13 Am. St. 118, 22 Pac. 140; Tarr v. Western Loan etc.

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Original application by R. W. Katerndahl for writ of mandate. The court- may go back of the certificate or enrolled bill and investigate the journals of the various Houses of the legislature to ascertain whether the law was really passed and what the law really is. (Weill v. Kenfield, 54 Cal. Ill; Oakland Paving Go. v. Hilton, 69 Cal. 479, 481, 11 Pac. 3; People v. Dunn, 80 Cal. 211, 13 Am. St. 118, 22 Pac. 140; Tarr v. Western Loan etc. Co., 15 Ida. 741, 99 Pac. 1049, 21 L. R. A., N. S., 707; State v. Wendler, 94 Wis. 369, 68 N. W. 759; Sndthee v. Campbell, 41 Ark. 471; Colin v. Kingsley, 5…

1Opinion of the CourtRice, J.

This is an application for writ of mandate to require the defendant, as Secretary of State, to correct *358enrolled House Bill No. 14 by inserting therein a certain amendment and to publish the same as so corrected.

By the agreed statement of facts, it appears that House-Bill No. 14 was regularly passed by the House of Representatives and transmitted to the Senate; that the Senate amended the bill, passed the same as amended and transmitted it to the House; that the House thereupon concurred in the Senate amendment and passed the bill as amended; that it was referred to the committee on engrossed…

2Cited by13 opinions

  1. Harris v. ShanahanSupreme Court of Kansas · 1963
  2. Vaughn & Ragsdale Co. v. State Board of EqualizationMontana Supreme Court · 1939
  3. Cenarrusa v. AndrusIdaho Supreme Court · 1978
  4. Worthen v. StateIdaho Supreme Court · 1974
  5. State Ex Rel. Brassey v. HansonIdaho Supreme Court · 1959

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