Prichard v. McBride
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District iu and for Bonner County. Hon. John M. Flynn, Judge. Proceeding by mandamus to reinstate petitioner as chairman of the board of county commissioners of Bonner county. Judgment for defendants. While legislative bodies may reconsider an appointment, their power to so reconsider has clearly ceased to exist when the man elected has taken office. It is then too late to rescind.
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APPEAL from the District Court of the Eighth Judicial District iu and for Bonner County. Hon. John M. Flynn, Judge. Proceeding by mandamus to reinstate petitioner as chairman of the board of county commissioners of Bonner county. Judgment for defendants. While legislative bodies may reconsider an appointment, their power to so reconsider has clearly ceased to exist when the man elected has taken office. It is then too late to rescind. When an appointment has been made, it is complete. (State v. Starr, 78 Conn. 636, 63 Atl. 512; Speed v. Common Council of Detroit, 97 Mich. 198, 56 N. W. 570;…
1Opinion of the CourtBudge, J.
In this action the plaintiff below and appellant here filed his affidavit for a writ of mandate against defendants below and respondents here. An alternative writ of mandate was issued on July 10, 1915, and was made returnable on the fifteenth day of that month. This writ of mandate was sought by appellant for the purpose of restoring him to the position of chairman of the board of county commissioners of Bonner county, of which he and the respondents were members.
To the alternative writ of mandate, respondents answered. The cause was tried before the court without a jury upon the admissions…
2Cited by3 opinions
- Gowey v. SiggelkowIdaho Supreme Court · 1963
- State Ex Rel. Baker v. WichmanNevada Supreme Court · 1929
- State v. HopkinsSuperior Court of Delaware · 1943