Smith v. Sterling
Idaho Supreme Court
Appeal from tbe third judicial district, Ada county. The facts in this case are precisely the same as those involved in the case of Larrikin v. Sterling, just reported. Similar proceedings were had in the court below, and the appeal taken upon similar questions. We therefore refer to that case for a more detailed statement of facts than is contained in the Opinion of the court.
1ConcurrenceCuffi-Mins, J.
This ease is similar to the case just decided of B. F. Lamkin v. E. C. Sterling. It was an action of mandamus to compel the defendant as territorial treasurer to pay a warrant drawn upon the territorial treasury, and on the hearing before the judge below the same proceedings were had and the same rulings'made as in the case referred to. The case was brought up without any exception being taken at the time to any of the rulings of the judge, and under the decision announced in that case, we can only look into the judgment roll so far as to see if it will support a judgment. The complaint…
2Cited by27 opinions
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