Naylor v. Vermont Loan & Trust Co.
Idaho Supreme Court
APPEAL from District Court, Latah County. The contract on which plaintiff bases his action is void, as-being contrary to the public policy of this state, which prohibits sheriffs from giving credit for fees and requires them to collect all fees in advance; that as the contract is void, it cannot be a basis on which to predicate this action. Section 2126 of the code, as amended in 1890 (Sess. Laws, p. 175), fixes the plaintiff’s compensation. (Eev.
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APPEAL from District Court, Latah County. The contract on which plaintiff bases his action is void, as-being contrary to the public policy of this state, which prohibits sheriffs from giving credit for fees and requires them to collect all fees in advance; that as the contract is void, it cannot be a basis on which to predicate this action. Section 2126 of the code, as amended in 1890 (Sess. Laws, p. 175), fixes the plaintiff’s compensation. (Eev. Stats., secs. 2120, 2137.) The plaintiff is claiming through a contract of credit which is contrary to the public policy of this state, and for…
1Opinion of the CourtQuarles, J.
— This is an action brought by the plaintiff to recover fees for services rendered by him, as sheriff of Latah county, for the defendant. The findings of fact and judgment were in favor of the plaintiff. The contention of appellant, that public officers are prohibited by the laws of this state from performing official acts unless the fees allowed by law therefor are *253paid in advance, raises the first question for us to determine. This question is to be decided by the provisions of our constitution and statutes. By section 7, article 18 of the constitution, the compensation of sheriffs,…
2Cited by8 opinions
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- South Side Live Stock Loan Co. v. IversonIdaho Supreme Court · 1928
- State ex rel. Rich v. LarsonIdaho Supreme Court · 1962
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