Johnston v. Savidge
Idaho Supreme Court
APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Action in quo warranto to determine the rights to the office of justice of the peace. Judgment for the defendant. In California, upon a section from which our own was taken, the court held “That an action may be brought against all persons who claim title to the same office to try their respective rights thereto.”
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APPEAL from the District Court of Ada County. Honorable George H. Stewart, Judge. Action in quo warranto to determine the rights to the office of justice of the peace. Judgment for the defendant. In California, upon a section from which our own was taken, the court held “That an action may be brought against all persons who claim title to the same office to try their respective rights thereto.” (People v. Prewett, 124 Cal. 7, 56 Pac. 619. See, also, State v. Frantz, 55 Neb. 167, 75 N. "W. 546; People v. Carpenter, 24 N. Y. 86.) California, Oregon and New York statutes contain the same…
1Opinion of the Court
SULLIVAN", J.
— This is an action in the nature of a quo warranto by the appellant to determine his right to the office of justice of the peace within election precincts 4 and 6, lying in the second ward of Boise City. It is alleged that appellant was legally eligible to the office of justice of the peace, and that the board of county commissioners of Ada county established election precincts within the incorporated city of Boise City on June 22, 1898; that appellant was duly appointed justice of the peace to fill a vacancy of an election precinct called Boise Precinct No. 4, lying within said…
2Cases cited7 opinions
- Dunbar v. Board of Commissioners of Canyon CountyIdaho Supreme Court · 1897
- Rogers v. HaysIdaho Supreme Court · 1893
- School District No. 25 v. RiceIdaho Supreme Court · 1905
- Morgan v. County CommissionersIdaho Supreme Court · 1895
- Picotte v. WattIdaho Supreme Court · 1892
2 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Clyde Hess Distributing Co. v. Bonneville CountyIdaho Supreme Court · 1949
- Harrison v. Board of County Com'rsIdaho Supreme Court · 1948
- McNutt v. Lemhi CountyIdaho Supreme Court · 1906