Fitzpatrick v. Welch

SHEPARD, Chief Justice.

This is an appeal from a judgment quashing an alternative writ of mandamus and prohibition, denying the issuance of a permanent writ and declaring the office of Sheriff of Kootenai County, Idaho to be vacant. We affirm.

Petitioner-appellant was elected Sheriff of Kootenai County, Idaho in the general election of November, 1972. He assumed the duties of such office on January 8, 1973. On March 8, 1973, appellant submitted a purported resignation from the office of Sheriff to the Board of County Commissioners of Kootenai County by a written document stating “I hereby…