Budge v. Gifford
Idaho Supreme Court
Original application for writ of mandate to compel tbe Secretary of State to issue a commission for tbe appointment of Honorable Alfred Budge to fill tbe full term of vacancy caused by tbe death of Justice Stewart. Where a term of office is fixed by tbe constitution, the legislature has no power to change tbe length of tbe term. (29 Cyc. 1397; State v. Thomari, 10 Kan. 191; Commonwealth v. Sheatz, 228 Pa. St. 301, 77 Atl. 547, 21 Ann.
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Original application for writ of mandate to compel tbe Secretary of State to issue a commission for tbe appointment of Honorable Alfred Budge to fill tbe full term of vacancy caused by tbe death of Justice Stewart. Where a term of office is fixed by tbe constitution, the legislature has no power to change tbe length of tbe term. (29 Cyc. 1397; State v. Thomari, 10 Kan. 191; Commonwealth v. Sheatz, 228 Pa. St. 301, 77 Atl. 547, 21 Ann. Cas. 54, 50 L. R. A., N. S., 374.) If a judge now takes his seat as successor to Justice Stewart tbe office is in no sense vacant either under see. 317 Rev.…
1Opinion of the CourtSulliyan, C. J.
This is an original proceeding in this court for a writ of mandate to compel the Secretary of State to issue to the plaintiff, Alfred Budge, a commission as justice of the supreme court, under an appointment made by the governor to fill the vacancy occasioned by the death of Justice Stewart, whose term of office will not expire until the first Monday in January, 1919.
The defendant appeared at the time of filing the complaint and waived the issuance of the alternative writ and thereafter made return as if such writ had been issued. The plaintiff demurred to the return and also interposed a…
2Cited by8 opinions
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- Winter v. DavisIdaho Supreme Court · 1944
- Moon v. MastersIdaho Supreme Court · 1952
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