Legal Opinion

Eakin v. Nez Perces County

Idaho Supreme Court

Decided April 20, 1894PublishedCited by 6 opinions

APPEAL from District Court, Latah Comity. The plaintiff has twice presented his account to the board of commissioners for settlement and allowance, but they refused to allow the same, except in the sum of twenty-seven dollars and fifty-five cents leaving a balance claimed by plaintiff of $124.45. The warrant is in the hands of respondent, not accepted ot receipted for, and it is apparent that the reasons assigned in the decision are groundless.

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APPEAL from District Court, Latah Comity. The plaintiff has twice presented his account to the board of commissioners for settlement and allowance, but they refused to allow the same, except in the sum of twenty-seven dollars and fifty-five cents leaving a balance claimed by plaintiff of $124.45. The warrant is in the hands of respondent, not accepted ot receipted for, and it is apparent that the reasons assigned in the decision are groundless. Appellant is entitled to recover. (Const., art. 18, secs. 7, 8; Acts 1890-91, pp. 175-177, 180, 181; Rev. Stats., sees. 1775, 1780.) The law imposes…

1Opinion of the Court

HUSTON, C. J. —

The plaintiff brought action against the 'defendant county to recover certain sums of money claimed to be due to him from said county for services rendered as sheriff. By stipulation or agreement the case was heard at a term of the ■district court for Latah county. The ease was heard before the ■court without a jury upon an agreed statement of facts, and a judgment rendered in favor of the defendant. Motion for new ■trial was made by plaintiff, and overruled, and it is from the ■order of the district court overruling said motion that this appeal is taken.

The first cause of…

2Cases cited1 opinion

  1. Yavapai County v. O'NeillArizona Supreme Court · 1892

3Cited by6 opinions

  1. Avery v. Pima CountyArizona Supreme Court · 1900
  2. Clyne v. Bingham CountyIdaho Supreme Court · 1900
  3. Paulson v. CountyNorth Dakota Supreme Court · 1912
  4. Boise Valley Traction Co. v. Ada CountyIdaho Supreme Court · 1923
  5. Woodward v. Board of CommissionersIdaho Supreme Court · 1897

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