People ex rel. Lincoln County v. George
Idaho Supreme Court
PETITION by the people, on the relation of Lincoln county, for a writ of mandate to compel Wesley B. George, clerk of the district court and ex-officio auditor and recorder of Logan county, to deliver to relator certain property alleged to belong to relator by virtue of an act of the legislature creating relator as a county.
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PETITION by the people, on the relation of Lincoln county, for a writ of mandate to compel Wesley B. George, clerk of the district court and ex-officio auditor and recorder of Logan county, to deliver to relator certain property alleged to belong to relator by virtue of an act of the legislature creating relator as a county. If a county is dissolved or abolished or politically annihilated before the expiration of the lawful term of an officer of the county, the office falls with the county government of which it is a part; and while the constitution (article 5, section 16) provides for a…
1Concurrence
HUSTON, J.,
Concurring. — I approach the consideration of this case with a full recognition of the fact that, when called upon to pass upon the validity of an act of a co-ordinate branch of the government, courts have a delicate duty to perform, but it is a duty the obligation of which must not be evaded or shrunk from. I recognize further the potency of the rule which requires that, before pronouncing an act of the legislature invalid, the court should be fully satisfied that such act is clearly repugnant to some provision of the organic law of the state. In this view let us consider the…
2Cases cited8 opinions
- Oakley v. . AspinwallNew York Court of Appeals · 1850
- Law v. People ex rel. HuckIllinois Supreme Court · 1877
- Greencastle Township v. BlackIndiana Supreme Court · 1854
- Opinion of Supreme Court Judges on Township Organization LawSupreme Court of Missouri · 1874
- Hunt v. StateCourt of Appeals of Texas · 1886
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