Conger v. Board of Commissioners
Idaho Supreme Court
APPEAL from District Court, Latah County. Neither the constitution nor the statutes of Idaho give •county commissioners the power or authority to employ counsel to assist the district attorney in prosecuting criminal cases or to employ counsel to prosecute criminal cases at all. The hoard of county commissioners had no authority to employ an assistant counsel in this case, and the order as set out in appellant’s notice of appeal is ultra vires and void.
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APPEAL from District Court, Latah County. Neither the constitution nor the statutes of Idaho give •county commissioners the power or authority to employ counsel to assist the district attorney in prosecuting criminal cases or to employ counsel to prosecute criminal cases at all. The hoard of county commissioners had no authority to employ an assistant counsel in this case, and the order as set out in appellant’s notice of appeal is ultra vires and void. (County of Modoc v. Spencer, 103 Cal. 498, 37 Pac. 483; Montgomery v. Board of Supervisors, 22 Wis. 69; Perry v. Superior City, 26 Wis. 64;…
1Opinion of the Court
SIILLIYAN, J.-
This is an appeal from the district court of Latah county. The facts are substantially as follows: The members of the board of county commissioners individually requested William H. Claggett, Esq., to assist the district attorney in the prosecution of one Lafayette Williams, who was charged with the crime of the embezzlement of $250 of the funds of the city of Moscow while he was treasurer thereof. After said cause had been tried, the board of county commissioners of said county ordered that a warrant on the current expense fund of said county be drawn in favor of said Clagr…
2Cases cited3 opinions
- Rankin v. JaumanIdaho Supreme Court · 1895
- Hampton v. Commissioners of Logan CountyIdaho Supreme Court · 1896
- Meller v. Board of CommissionersIdaho Supreme Court · 1894
3Cited by8 opinions
- Clayton v. BarnesIdaho Supreme Court · 1932
- Shillingford v. Benewah CountyIdaho Supreme Court · 1929
- Barnard v. YoungIdaho Supreme Court · 1926
- State v. SteersIdaho Supreme Court · 1906
- Corker v. Commissioners of Elmore CountyIdaho Supreme Court · 1904
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