Legal Opinion

People ex rel. Lincoln County v. George

Idaho Supreme Court

Decided June 3, 1891PublishedCited by 12 opinions

PETITION by the people, on the relation of Lincoln county, for a writ of mandate to compel Wesley B. George, clerk of the district court and ex-officio auditor and recorder of Logan county, to deliver to relator certain property alleged to belong to relator by virtue of an act of the legislature creating relator as a county.

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PETITION by the people, on the relation of Lincoln county, for a writ of mandate to compel Wesley B. George, clerk of the district court and ex-officio auditor and recorder of Logan county, to deliver to relator certain property alleged to belong to relator by virtue of an act of the legislature creating relator as a county. If a county is dissolved or abolished or politically annihilated before the expiration of the lawful term of an officer of the county, the office falls with the county government of which it is a part; and while the constitution (article 5, section 16) provides for a…

1Opinion of the CourtMorgan, J.

On the 3d of March, 1891, the legislature passed an act entitled “An act to create and organize the eoun*74ties of Alta and Lincoln, to locate the county seats of said counties, and to apportion the debt of Logan* county.” The first section establishes the county of Alta, composed of the territory of Alturas county as it then existed and about half of the contiguous territory of Logan. Section 2 establishes the county of Lincoln from the residue of the territory theretofore belonging to Logan. Section 3 makes Hailey, then the county seat of Alturas county, the county seat of Alta county. Section…

2Cases cited3 opinions

  1. CRAIG v. the State of MissouriSupreme Court of the United States · 1830
  2. Doan v. Board of CommissionersIdaho Supreme Court · 1891
  3. People ex rel. Stephenson v. MarshallIllinois Supreme Court · 1851

3Cited by12 opinions

  1. Wright v. KelleyIdaho Supreme Court · 1895
  2. Frost v. PfeifferSupreme Court of Colorado · 1899
  3. State Ex Rel. Taylor v. RobinsonIdaho Supreme Court · 1938
  4. McDonald V. DoustIdaho Supreme Court · 1905
  5. Hampton v. DilleyIdaho Supreme Court · 1892

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