Clark v. Wonnacott
Idaho Supreme Court
APPLICATION for writ of mandate. See. 317, Rev. Codes, with only slight differences in phraseology, was contained in the Revised Statutes of 1887. The original enactment is an exact counterpart of the California statute on this subject, and prior to its adoption was construed by the supreme court of California in People v. Taylor, 57 Cal. 620; Adams v. Doyle, 139. Cal. 678, 73 Pac. 582; People v. Nye, 9 Cal. App. 148, 98 Pac. 241; Campbell v. Board of Supervisors, 7 Cal.
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APPLICATION for writ of mandate. See. 317, Rev. Codes, with only slight differences in phraseology, was contained in the Revised Statutes of 1887. The original enactment is an exact counterpart of the California statute on this subject, and prior to its adoption was construed by the supreme court of California in People v. Taylor, 57 Cal. 620; Adams v. Doyle, 139. Cal. 678, 73 Pac. 582; People v. Nye, 9 Cal. App. 148, 98 Pac. 241; Campbell v. Board of Supervisors, 7 Cal. App. 155, 93 Pac. 1061. A vacancy existed under the general provisions of law and public policy. (State v. Hopkins, 10 Ohio…
1Opinion of the CourtBudge, C. J.
This is an original proceeding to procure the issuance of a peremptory writ of mandate, requiring the defendant to admit the plaintiff to the use and enjoyment of the office of assessor of Kootenai county and to deliver over to his possession all the records, books and papers belonging to the office of the county assessor of said county.
*101The facts in this case are stipulated by counsel for the respective parties and, omitting the formal parts, are as follows:
1. “That at the general election held in the County of Kootenai, State of Idaho, on the 5th day of November, A. D., 1914, the defendant…
2Cases cited12 opinions
- Kimberlin v. State ex rel. TowIndiana Supreme Court · 1892
- Ballantyne v. BowerWyoming Supreme Court · 1909
- Commonwealth ex rel. Broom v. HanleySupreme Court of Pennsylvania · 1848
- People Ex Rel. Mattison v. NyeCalifornia Court of Appeal · 1908
- People v. TaylorCalifornia Supreme Court · 1881
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3Cited by5 opinions
- Tooele County v. De La MareUtah Supreme Court · 1935
- CITY OF HUETTER v. KeeneIdaho Supreme Court · 2010
- State Ex Rel. Kopp v. BlackburnOhio Supreme Court · 1937
- Bone v. DuclosIdaho Supreme Court · 1972
- State Ex Rel. Stain v. ChristensenUtah Supreme Court · 1934