Legal Opinion

Herrick v. Gallet

Idaho Supreme Court

Decided January 24, 1922PublishedCited by 24 opinions

Original petition for Writ of Mandate. Under the provisions of see. 2666, G. S., the duties of the defendant as state auditor are purely ministerial. (In re Huston, 27 Ida. 231, 147 Pac. 1064; Jeffreys v. Huston, 23 Ida. 372, 129 Pac. 1065; Gilbert- v. Moody, 3 Ida. 3, 25 Pac. 1092; Times Pub.

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Original petition for Writ of Mandate. Under the provisions of see. 2666, G. S., the duties of the defendant as state auditor are purely ministerial. (In re Huston, 27 Ida. 231, 147 Pac. 1064; Jeffreys v. Huston, 23 Ida. 372, 129 Pac. 1065; Gilbert- v. Moody, 3 Ida. 3, 25 Pac. 1092; Times Pub. Co. v. White, 23 B. I. 334, 50 Atl. 383; McKillop v. Board of Supervisors, 116 Mich. 614, 74 N. W. 1050; State v. Moore, 1 Ohio Dec. 506; Falk v. Strother, 84 Cal. 544, 22 Pac. 676, 24 Pac. 110.) The state board of examiners in passing upon and certifying to the state auditor claims against the state,…

1Opinion of the Court

McCARTHY, j.

This is a petition for a writ of mandate to compel the defendant, the state auditor, to draw his warrant for the sum of $12,948.55 upon the state treasurer for the payment, out of the state fish and game fund, of a claim for that amount which has been allowed by the state board of examiners. The amount in question represents the difference between the contract price of timber removed by plaintiff from Heyburn Park, under two contracts between him and the state board of land commissioners, and the amount paid by him in purchase of the timber. In an action brought by the state in…

2Cases cited11 opinions

  1. Peavy v. McCombsIdaho Supreme Court · 1914
  2. Epperson v. HowellIdaho Supreme Court · 1916
  3. Noble v. BragawIdaho Supreme Court · 1906
  4. Jeffreys v. HustonIdaho Supreme Court · 1913
  5. Pyke v. SteunenbergIdaho Supreme Court · 1897

6 more not listed; retrieve them via the Exa API.

3Cited by24 opinions

  1. State v. EvansIdaho Supreme Court · 1952
  2. Leonardson v. MoonIdaho Supreme Court · 1969
  3. Christensen v. WestIdaho Supreme Court · 1968
  4. State Ex Rel. Taylor v. TaylorIdaho Supreme Court · 1938
  5. Employment Security Agency v. Joint Class "A" School District No. 151Idaho Supreme Court · 1965

19 more not listed; retrieve them via the Exa API.

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