Ponting v. Isaman
Idaho Supreme Court
APPEAL from District Court, Nez Perces County. This action is commenced under section 7459 of the Revised Statutes, which allows an individual, in certain specified instances, to file an information for removal of any officer within the jurisdiction of the district court. (State v. Chicago etc.
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APPEAL from District Court, Nez Perces County. This action is commenced under section 7459 of the Revised Statutes, which allows an individual, in certain specified instances, to file an information for removal of any officer within the jurisdiction of the district court. (State v. Chicago etc. B. Co., 87 Fed. 498.) Justice Brewer in delivering the opinion says: “The distinction between matters of a civil and those of a criminal nature is clear, and of frequent mention in the books.” Rapalje and Lawrence, at page 21 of their Law Dictionary, say: “An action is ‘civil’ when it lies to enforce a…
1Opinion of the CourtSullivan, J.
This action was commenced under the provisions of section 7459 of the Revised Statutes, which is as follows : “When an information in writing verified by the oath of any person, is presented to a district court, alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered or to be rendered in his office, or has refused or neglected to perform the official duties pertaining to his office, the court must cite the party charged to appear before the court at a time not more than ten nor less than five days from the…
2Cases cited4 opinions
- Rankin v. JaumanIdaho Supreme Court · 1895
- Miller v. SmithIdaho Supreme Court · 1900
- Ponting v. IsamanIdaho Supreme Court · 1900
- Osborn v. RavenscraftIdaho Supreme Court · 1897
3Cited by16 opinions
- State ex rel. Barker v. MeekSupreme Court of Iowa · 1910
- Skeen v. CraigUtah Supreme Court · 1906
- Corker v. PenceIdaho Supreme Court · 1906
- State v. KennedySupreme Court of Kansas · 1910
- Robinson v. HuffakerIdaho Supreme Court · 1912
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