Melgard v. Eagleson
Idaho Supreme Court
Original proceeding to procure a Writ of Mandate, The fund in question is special and impressed with a trust, and neither it nor its income is a part of the general fund of the state. (Yale College v. Sanger, 62 Fed. 177.) The control of the fund is vested in the supervisors of the institution and not in the legislature, which may not interfere in any way with the fund granted by Congress to a beneficiary which has been designated.
Read the full summary
Original proceeding to procure a Writ of Mandate, The fund in question is special and impressed with a trust, and neither it nor its income is a part of the general fund of the state. (Yale College v. Sanger, 62 Fed. 177.) The control of the fund is vested in the supervisors of the institution and not in the legislature, which may not interfere in any way with the fund granted by Congress to a beneficiary which has been designated. (State Board of Agriculture v. Auditor General, 180 Mich. 349, 147 N. W. 529.) The state treasurer could not change this trust fund into part of the general fund…
1Opinion of the CourtBudge, C. J.
This is an original proceeding for a writ of mandate to compel the defendants to pay over to the plaintiff the sum of $50,000 for the use and benefit of the University of Idaho and to compel them to correct the boobs and records of their respective offices by canceling thereon all entries showing the aforesaid sum to be a part of the general fund of the state of Idaho, and for general relief. The petition alleges in substance that the fund in question was paid by the United States to the defendant Eagleson, as state treasurer, on July 10, 1917, under the provisions of the act of Congress…
2Cases cited3 opinions
- State Board of Agriculture v. Auditor GeneralMichigan Supreme Court · 1914
- County of Blaine v. FuldIdaho Supreme Court · 1918
- President of Yale College v. SangerU.S. Circuit Court for the District of Connecticut · 1894
3Cited by6 opinions
- In Re State Ex Rel. Department of TransportationSupreme Court of Oklahoma · 1982
- Engelking v. Investment BoardIdaho Supreme Court · 1969
- State ex rel. Black v. State Board of EducationIdaho Supreme Court · 1921
- State Ex Rel. Shepard v. MechemNew Mexico Supreme Court · 1952
- Engelking v. Investment BoardIdaho Supreme Court · 1969
1 more not listed; retrieve them via the Exa API.