State v. Gooding
Idaho Supreme Court
APPEAL from tbe District Court of the Fourth Judicial District for Liucolu County. Hon. Edward A. Walters, J udge. A proceeding brought in the name of the state to remove the defendant from the office of highway commissioner of Shoshone Highway District No. 2. The trial court sustained a general demurrer to the complaint.
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APPEAL from tbe District Court of the Fourth Judicial District for Liucolu County. Hon. Edward A. Walters, J udge. A proceeding brought in the name of the state to remove the defendant from the office of highway commissioner of Shoshone Highway District No. 2. The trial court sustained a general demurrer to the complaint. The function of creating an office is one purely for the legislature, and cannot be delegated, and any act of the legislature which would seek to delegate to any board or person the power to create an office would be unconstitutional. An office in legal contemplation is an…
1Opinion of the CourtSulliyan, J.
This action was brought by the prosecuting attorney of Lincoln county under the provisions of sec. 4612, Rev. Codes, in the name of the state, for the purpose of determining the right of defendant to hold the office of highway commissioner of Shoshone Highway District No. 2, and for the purpose of ousting the defendant from that office and recovering the fine fixed by the provisions of sec. 251, Rev. Codes, for the usurpation of the powers of an office.
It is alleged in the complaint that the law known as the highway district law, approved March 8, 1911 (Sess. Laws, p. 121), provides for the…
2Cases cited3 opinions
- Brady v. WestMississippi Supreme Court · 1874
- State ex rel. Attorney General v. PorterSupreme Court of Alabama · 1840
- People ex rel. Glidden v. GreenIdaho Supreme Court · 1869
3Cited by9 opinions
- Attorney General v. PelletierMassachusetts Supreme Judicial Court · 1922
- Warwick v. State Ex Rel. ChanceAlaska Supreme Court · 1976
- Mayor of Westernport v. GreenCourt of Appeals of Maryland · 1923
- Bulgo v. EnomotoHawaii Supreme Court · 1967
- Jenkins v. JensenUtah Supreme Court · 1981
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