Legal Opinion

Holmberg v. Jones

Idaho Supreme Court

Decided June 14, 1901PublishedCited by 17 opinions

An original proceeding for writ of mandate. Section 4 of article 18 as originally found in the constitution reads as follows: “No new county shall be established which Shall reduce any county to an area of less than four hundred square miles, nor shall a new county be formed containing an area of less than four hundred square miles.”

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An original proceeding for writ of mandate. Section 4 of article 18 as originally found in the constitution reads as follows: “No new county shall be established which Shall reduce any county to an area of less than four hundred square miles, nor shall a new county be formed containing an area of less than four hundred square miles.” The alleged amendment, which would be amendment 4 of the constitution, reads as follows: “No new county shall be established which (shall reduce any county to an area of less than four hundred square miles, nor the valuation of its taxable property to less than…

1Per curiam

This is an original proceeding in this court to obtain a writ of mandate compelling the defendant, as state auditor, to furnish the plaintiff, as treasurer of Clearwater county, all necessary blank licenses which the law requires the state auditor to furnish to county treasurers, and which the defendant fails and refuses to do. The defendant, as state auditor, denies the existence of Clearwater county. The petition alleges that the governor, acting under authority of an act passed by the sixth session of the legislature, approved March 22, 1901, appointed the plaintiff to the office of…

2Cases cited2 opinions

  1. People ex rel. Attorney General v. Alturas CountyIdaho Supreme Court · 1899
  2. Baker v. ScottIdaho Supreme Court · 1895

3Cited by17 opinions

  1. Ellingham v. DyeIndiana Supreme Court · 1912
  2. Diefendorf v. GalletIdaho Supreme Court · 1932
  3. State v. . HumphriesSupreme Court of North Carolina · 1936
  4. McBee v. BradyIdaho Supreme Court · 1909
  5. Ingard v. BarkerIdaho Supreme Court · 1915

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