Wright v. Callahan

The 1939 session of the legislature (Sess. Laws 1939, chap. 113, p. 191) created the office of comptroller, gave the comptroller broad powers and duties and provided for his appointment by the governor. The governor appointed appellant Callahan. Callahan thereupon entered upon the discharge of the duties and proceeded to exercise the powers conferred upon him by such statute. April 8, 1939, respondent Wright, elected state auditor at the general election of 1938, commenced this proceeding in the district court for Ada county. In his petition, respondent state auditor alleged that appellant…