Carson v. Thews
Idaho Supreme Court
Mandamus is the proper remedy to enforce the performance of this duty, by the auditor, where, as is the case under the law of this territory, the duty is purely ministerial. (High on Extraordinary Legal Eemedies, sec 104, note 1, and sec. 17; Turner v. Melony, 13 Cal. 621; Babcock v. Goodrich, 47 Cal. 488.) The facts admitted by respondent’s answer must be considered in connection with facts found by the court, and given the same weight as the findings.
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Mandamus is the proper remedy to enforce the performance of this duty, by the auditor, where, as is the case under the law of this territory, the duty is purely ministerial. (High on Extraordinary Legal Eemedies, sec 104, note 1, and sec. 17; Turner v. Melony, 13 Cal. 621; Babcock v. Goodrich, 47 Cal. 488.) The facts admitted by respondent’s answer must be considered in connection with facts found by the court, and given the same weight as the findings. (Hayne on New Trial and Appeal, see. 240; Sift v. Muy gride, 8 Cal. 445; Fox v. Fox, 25 Cal. 590; Burnett v. Stears, 33 Cal. 473; Bradbury v.…
1Opinion of the CourtBroderick, J.
In the court below judgment was rendered against the plaintiffs, and they appealed from the judgment. The complaint alleges in substance that the plaintiffs were co-partners; that on and prior to December 22, 1882, they had a contract with the county of Oneida to construct a courthouse for said county; that in pursuance of the contract they constructed the building; that on the twenty-seventh day of February, 1883, the board of county commissioners accepted said building from plaintiffs; that on the first day of March, 1883, the said board held a meeting, and the plaintiffs presented their…
2Cited by17 opinions
- Wood v. BrodersonIdaho Supreme Court · 1906
- Harper v. GordonCalifornia Supreme Court · 1900
- Brown v. MaceyIdaho Supreme Court · 1907
- Wilson v. WilsonIdaho Supreme Court · 1899
- Coburn v. CoburnMontana Supreme Court · 1931
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