Barber Lumber Co. v. Gifford
Idaho Supreme Court
Original application in this court for a peremptory writ of mandate to the Secretary of State to compel Mm to countersign and affix the great seal of the state to a certain deed or contract for sale of certain timber standing on land owned by the state. A tender by Mr. Snow in payment of his bid was not a sufficient or legal tender. (Breed v. Hurd, 6 Pick. (Mass.) 356; Blair v. Hamilton, 48 Ind. 32; Stakke v. Chapman, 13 S. D. 269, 83 N. W. 261; Dungan v. Mutual Ben. L. Ins.
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Original application in this court for a peremptory writ of mandate to the Secretary of State to compel Mm to countersign and affix the great seal of the state to a certain deed or contract for sale of certain timber standing on land owned by the state. A tender by Mr. Snow in payment of his bid was not a sufficient or legal tender. (Breed v. Hurd, 6 Pick. (Mass.) 356; Blair v. Hamilton, 48 Ind. 32; Stakke v. Chapman, 13 S. D. 269, 83 N. W. 261; Dungan v. Mutual Ben. L. Ins. Co., 46 Md. 469; Eddy v. Bams, 40 Hun (N. Y.), 637; affirmed in 116 N. Y. 247, 22 N. E. 362; Mills v. Huggins, 14 N. C.…
1Opinion of the CourtSullivan, J.
This is an original proceeding brought in this court for a writ of mandate to Wilfred L. Gifford, as Secretary of State of the state of Idaho, to countersign and' affix the great seal of the state to a deed or contract of sale for certain timber standing on land owned by the state, alleged to have been sold to the plaintiff, the Barber Lumber Company, at public auction.
After formal allegations in said complaint to the effect that the Barber Lumber Company is a corporation, etc., and that Wilfred L. Gifford, the defendant, is the duly elected, qualified and acting Secretary of State of the…
2Cases cited2 opinions
- Pike v. State Board of Land CommissionersIdaho Supreme Court · 1911
- Arstill v. FletcherOregon Supreme Court · 1920
3Cited by4 opinions
- Northern Pacific Railway Co. v. HirzelIdaho Supreme Court · 1916
- State Water Conservation Board v. EnkingIdaho Supreme Court · 1936
- Idaho Watersheds Project, Inc. v. State Board of Land CommissionersIdaho Supreme Court · 1996
- Fasi v. Land Commissioners.Hawaii Supreme Court · 1956