Benewah County v. Mitchell

ON PETITION POR REHEARING.

BUDGE, J.

In this ease petition for rehearing has been filed and is accompanied by a very interesting brief in support thereof. After examination of the petition and brief, we ordered the respondent to file and serve a reply brief.

We have given this matter more than ordinary attention because of the insistence of counsel for appellant, that we had erred in our original opinion. The chief contention made is, that we failed to note any distinction between claims of executive officers and ministerial officers; and further, that we failed to distinctly pass on the…