Corker v. Pence
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Lyttleton Price, Judge. Proceeding to remove a county commissioner under the provisions of section 7459 of the Revised Statutes. Demurrer to complaint sustained by trial court. Where a statute confers upon a body or officer a power for the public good or protection, or in which the public is interested, the exercise of that power is mandatory. (20 Am. & Eng.
Read the full summary
APPEAL from the District Court of the Fourth Judicial District for Elmore County. Hon. Lyttleton Price, Judge. Proceeding to remove a county commissioner under the provisions of section 7459 of the Revised Statutes. Demurrer to complaint sustained by trial court. Where a statute confers upon a body or officer a power for the public good or protection, or in which the public is interested, the exercise of that power is mandatory. (20 Am. & Eng. Ency. of Law, 2d ed., 239-242; Hays v. Simmons, 6 Idaho, 651, 59 Pac. 182; Miller v. Smith, 7 Idaho, 204, 61 Pac. 824; Rankin v. Jaumam, 4 Idaho, 394,…
1Opinion of the CourtSullivan, J.
This action was brought under the provisions of section 7459 of the Revised Statutes, to remove the respondent from the office of county commissioner of Elmore county. Two separate causes of action are set out in the information. In the first cause, after alleging that appellant is a citizen and a taxpayer of the state of Idaho, and that respondent is one of the duly elected, qualified and acting county commissioners of said county, appellant alleges on information and belief that the respondent had /‘willfully, knowingly and intentionally failed, neglected and refused to perform the official…
2Cases cited8 opinions
- Rankin v. JaumanIdaho Supreme Court · 1894
- Rankin v. JaumanIdaho Supreme Court · 1895
- Miller v. SmithIdaho Supreme Court · 1900
- Reynolds v. Board of CommissionersIdaho Supreme Court · 1899
- Ponting v. IsamanIdaho Supreme Court · 1901
3 more not listed; retrieve them via the Exa API.
3Cited by15 opinions
- State Ex Rel. Fletcher v. NaumannSupreme Court of Iowa · 1931
- State v. SmithIdaho Supreme Court · 1914
- State v. Scott, County Com'r.Wyoming Supreme Court · 1926
- Archbold v. HuntingtonIdaho Supreme Court · 1921
- McRoberts v. HoarIdaho Supreme Court · 1915
10 more not listed; retrieve them via the Exa API.