Hailey v. Huston
Idaho Supreme Court
Original application in this court for a writ of mandate to the state auditor to compel him to draw his state warrant for a certain sum over and above the salary fixed by sec. 851, as amended, as salary for the librarian of the State Historical Society.' Where it is uncertain whether the legislature intended to devote a larger or a smaller sum to the payment of a salary,1 it has been held that the doubt should be resolved by adopting the smaller amount, since the interest of…
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Original application in this court for a writ of mandate to the state auditor to compel him to draw his state warrant for a certain sum over and above the salary fixed by sec. 851, as amended, as salary for the librarian of the State Historical Society.' Where it is uncertain whether the legislature intended to devote a larger or a smaller sum to the payment of a salary,1 it has been held that the doubt should be resolved by adopting the smaller amount, since the interest of the public, other things being equal, is superior to that of the individual. (23 Am. & Eng. Eney. of Law, 388; 29 Cye.…
1Opinion of the CourtSulliyan, J.
This is an application for a writ of mandate to the state auditor, directing him forthwith to issue his warrant in favor of petitioner for the sum of $153, the same being the amount of salary claimed to be due petitioner for the period beginning January 1, 1913, and ending September 30, 1913.
It is alleged in the petition that the plaintiff or petitioner is the duly appointed, authorized and acting librarian of the State Historical Society and has served as such from the first day of January, 1913, to and including the 30th day of September, 1913; that the defendant is the qualified and acting *167…
2Cited by15 opinions
- Leckenby v. Post Printing & Publishing Co.Supreme Court of Colorado · 1918
- Sellers v. FrohmillerArizona Supreme Court · 1933
- State Ex Rel. West v. GraySupreme Court of Florida · 1954
- State Ex Rel. Wright v. HeadrickIdaho Supreme Court · 1943
- Mason Ex Rel. Mason v. Hillsdale Highway DistrictIdaho Supreme Court · 1944
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