Dotson v. Cassia County
Idaho Supreme Court
APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Vm. A. Babcock, Judge. Action by respondent to recover his salary as probate judge of Cassia county during the period for which he was deprived of such office as the result of an election contest pending appeal. Judgment for plaintiff.
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APPEAL from the District Court of the Fourth Judicial District, for Cassia County. Hon. Vm. A. Babcock, Judge. Action by respondent to recover his salary as probate judge of Cassia county during the period for which he was deprived of such office as the result of an election contest pending appeal. Judgment for plaintiff. If the ousted incumbent, notwithstanding that he was duly elected, fails to furnish the bond provided by see. 7298, he loses the right to demand the salary. (Chubbuck v. Wilson, 151 Cal. 162, 12 Ann. Cas. 888, 90 Pac. 524.) Respondent did not avail himself of the privilege…
1Opinion of the CourtBudge, J.
This action was brought by respondent to recover his salary as probate judge of Cassia county for the months of March to December, inclusive, 1919, and January and part of February, 1920.
From the facts of this case, which are stipulated, it appears that respondent was duly elected probate judge at the general election in November, 1918, and qualified as such and assumed the duties of his office on January 13, 1919. About December 2, 1918, Thomas E. Harper began proceedings in the district court to contest the election of respondent and on March 31, 1919, the court rendered its decree to the…
2Cases cited15 opinions
- State ex rel. Worrell v. CarrIndiana Supreme Court · 1891
- People ex rel. Blachly v. CoffinIllinois Supreme Court · 1917
- State ex rel. Evans v. GordonSupreme Court of Missouri · 1912
- Jones v. DusmanSupreme Court of Pennsylvania · 1914
- People ex rel. Culbertson v. PotterCalifornia Supreme Court · 1883
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3Cited by1 opinion
- O'Malley v. ParsonsIdaho Supreme Court · 1938