Gorman v. Havird
Supreme Court of the United States
APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF IDAHO. This was a petition for a mandamus filed in the Supreme Court of the Territory of Idaho by the appellee Havird, who was sheriff defacto, and also claimed to be sheriff .¿fe jure, of Boisé County, to compel the county commissioners to issue warrants upon the treasury for the sum of $5595.47, for(his sdtvices and expenses as sheriff for the years 1887 and 1888. His claim consisted of a salary fixed by law at the sum of…
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APPEAL FROM THE SUPREME COURT OF THE TERRITORY OF IDAHO. This was a petition for a mandamus filed in the Supreme Court of the Territory of Idaho by the appellee Havird, who was sheriff defacto, and also claimed to be sheriff .¿fe jure, of Boisé County, to compel the county commissioners to issue warrants upon the treasury for the sum of $5595.47, for(his sdtvices and expenses as sheriff for the years 1887 and 1888. His claim consisted of a salary fixed by law at the sum of $2798, and of expenses incurred as sheriff in the sum of $2797.-47, making the aggregate of .$5595.47. The items of his…
1Opinion of the CourtJustice Brown
While the whole amount of Havird’s claim was $5595.47 — more than enough to give this court jurisdiction — the sum of $1994.25 was for disbursements in boarding prisoners and in jailor’s fees, le*aving but $3601.22 as representing the salary, fees and other perquisites of the office. As Havird was sheriff de-facto, Gorman, even if he had maintained his suit, could not in any case have recovered' of him more than the salary and perquisites of the office, less Havird’s lawful disbursements, which, under any view which can be taken of this case, would have reduced his recovery below the sum of…
2Cases cited7 opinions
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