State v. Jefferis
Wyoming Supreme Court
ORIGINAL proceedings for mandamus by the State of Wyoming, on the relation of Ernest C. Raymond against I. C. Jefferis, State Auritor of the State of Wyoming. Relator is the de jure judge of the Seventh Judicial District of Wyoming and entitled to the salary and perquisites thereof. A resignation of a public officer is not complete unless accepted and an appointee has qualified* to fill the vacancy.
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ORIGINAL proceedings for mandamus by the State of Wyoming, on the relation of Ernest C. Raymond against I. C. Jefferis, State Auritor of the State of Wyoming. Relator is the de jure judge of the Seventh Judicial District of Wyoming and entitled to the salary and perquisites thereof. A resignation of a public officer is not complete unless accepted and an appointee has qualified* to fill the vacancy. Acceptance by relator of a federal appointment did not ipso facto create a vacancy in the office, but was merely an implied resignation, which, not having been accepted by the governor and no…
1Opinion of the Court
Potter, Justice.
This is an original proceeding in this court, wherein it is sought 'by writ of mandamus to require the State Auditor to issue a warrant for the salary claimed by the relator as district judge for the period between the 9th and the 31st days of December, 1918, both inclusive, the relator’s claim for the amount which would be due and payable to one entitled to such salary for that period having been presented to and rejected by the Auditor.
The case was submitted upon a demurrer to the petition, but under an agreed statement of facts taking the place, for the purpose of the…
Also in this document: Concurrence.
2Cases cited16 opinions
- State ex rel. Walker v. BusSupreme Court of Missouri · 1896
- Edwards v. United StatesSupreme Court of the United States · 1881
- State v. BrownTennessee Supreme Court · 1847
- Jones v. City of JeffersonTexas Supreme Court · 1886
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
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3Cited by4 opinions
- Olsen v. StateWyoming Supreme Court · 2003
- People Ex Rel. Warren v. ChristianWyoming Supreme Court · 1942
- Tooele County v. De La MareUtah Supreme Court · 1936
- Untitled Texas Attorney General Opinion, Texas Attorney General Reports1939