Miller v. Smith
Idaho Supreme Court
APPEAL from District Court, Fremont County. The paramount object of such statutes as section 7459 of the Kevised Statutes of Idaho is the removal from office of incumbents who knowingly, willfully and corruptly use their official position as a medium for extortion and wrong.
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APPEAL from District Court, Fremont County. The paramount object of such statutes as section 7459 of the Kevised Statutes of Idaho is the removal from office of incumbents who knowingly, willfully and corruptly use their official position as a medium for extortion and wrong. (Smith v. Ling, 68 Cal. 324, 9 Pac. 171; People v. Nichols, 79 N. Y. 588; Gorman v. County Oommrs., 1 Idaho, 559.) It is indispensable that the informer prove not only that the defendant had done the acts complained of, but that he had done them knowingly, willfully and corruptly. (Triplett v. Munter, 50 Cal. 644; Smith…
1Opinion of the CourtSullivan, J.
This action was commenced by the respondent, who is a citizen and taxpayer of Fremont county, against the appellant, who is a member of the board of county commissioners of said county, demanding his removal from said office, under the provisions of section 7459 of the Revised Statutes, and to recover the statutory penalty of $500 therein provided for. The information or complaint accuses the appellant of charging and. collecting illegal fees for services rendered in his office, and knowingly, willfully and corruptly approving official bonds given by certain county officers, and of doing…
2Cases cited2 opinions
- Rankin v. JaumanIdaho Supreme Court · 1895
- Burton v. BurtonCalifornia Supreme Court · 1889
3Cited by20 opinions
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- Stover v. Washington CountyIdaho Supreme Court · 1941
- Ponting v. IsamanIdaho Supreme Court · 1900
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- Corker v. PenceIdaho Supreme Court · 1906
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