Wonnacott v. County of Kootenai
Idaho Supreme Court
APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. William W. Woods, Presiding Judge. Action for salary and expenses of assessor. Judgment for plaintiff.
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APPEAL from the District Court of the Eighth Judicial District, for Kootenai County. Hon. William W. Woods, Presiding Judge. Action for salary and expenses of assessor. Judgment for plaintiff. Before an officer can recover from the county he must allege in his complaint that said officer is not in arrears as to public funds collected by him, as without such a showing the board of commissioners could not allow him his claim or any part thereof, nor could he, in the absence of such showing, recover judgment therefor. (Pease v. Kootenai County, 7 Ida. 731, 65 Pac. 432.) Under the pleadings in…
1Opinion of the CourtMorgan, C. J.
During the years 1911, 1912, 1915 and 1916 respondent was assessor of Kootenai county. He did not *344hold that office in 1913 and 1914. His salary for the third quarter of 1916 amounted to $450, for which, together with $14.40 expended by him in performing his official duties, he filed claims, which were disallowed by the board of county commissioners. This action was commenced to recover the amounts so claimed.
The county filed an answer and cross-complaint wherein it is alleged, among other matters, in substance: 1. That in 1911 and 1912 respondent collected taxes on personal property (the…
2Cases cited9 opinions
- Spokane County v. PrescottWashington Supreme Court · 1898
- County of Sonoma v. HallCalifornia Supreme Court · 1901
- Board of Commissioners v. Van SlyckSupreme Court of Kansas · 1894
- Oregon v. DavisOregon Supreme Court · 1903
- People ex rel. Dunn v. Van NessCalifornia Supreme Court · 1888
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3Cited by14 opinions
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- Griffith v. State of ArizonaArizona Supreme Court · 1933
- Francisco v. FranciscoMontana Supreme Court · 1947
- Smith Engineering Works v. CusterSupreme Court of Oklahoma · 1944
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