Fremont County v. Brandon
Idaho Supreme Court
APPEAL from District Court, Bingham County. Can a recovery be had by a county where its regularly authorized officers have, through mistake of law and not through fraud, deception or any unlawful means, settled or allowed an account to an officer, which he was not entitled to receive? {Painter v. Polk Co., 81 Iowa, 242, 25 Am. St. Rep. 489, 47 N. W. 65; Badeau v. United States, 130 IT. S. 439, 9 Sup. Ct.
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APPEAL from District Court, Bingham County. Can a recovery be had by a county where its regularly authorized officers have, through mistake of law and not through fraud, deception or any unlawful means, settled or allowed an account to an officer, which he was not entitled to receive? {Painter v. Polk Co., 81 Iowa, 242, 25 Am. St. Rep. 489, 47 N. W. 65; Badeau v. United States, 130 IT. S. 439, 9 Sup. Ct. Rep. 579; La Salle County v. Milligan, 143 111. 321, 32 N. E. 196; Randall v. Lyon Co., 20 Nev. 35, 14 Pan. 583; Brumagim v. Tillinghast, 18 Cal. 269, 79 Am. Dee. 176; Clark v. Butcher, 9…
1Opinion of the CourtQuarles, J.
— This action was commenced September 17, 1897, by the respondent, Fremont comity, as plaintiff, in the district court, in said Fremont county, to recover judgment against the defendant Jesse C. Brandon, appellant here, for moneys alleged to have been received by said appellant, as assessor and collector for said county, between the fourteenth day of Maich, 1893, and the eleventh day of January, 1897, in the sum of $10,638.53. The defendant demurred to the complaint, and the demurrer was overruled; whereupon the defendant answered, denying specifically the allegations showing indebtedness,…
2Cases cited4 opinions
- Dunbar v. Board of Commissioners of Canyon CountyIdaho Supreme Court · 1897
- Ada County v. GessIdaho Supreme Court · 1895
- Counties v. County of AlturasIdaho Supreme Court · 1894
- Rice v. GwinnIdaho Supreme Court · 1897
3Cited by16 opinions
- Fenton v. Board of County CommissionersIdaho Supreme Court · 1911
- Anaheim Sugar Co. v. County of OrangeCalifornia Supreme Court · 1919
- State v. McDermottIdaho Supreme Court · 1932
- Bannock County v. BellIdaho Supreme Court · 1901
- Clayton v. BarnesIdaho Supreme Court · 1932
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