Legal Opinion

Shoshone County v. Thompson

Idaho Supreme Court

Decided June 6, 1905PublishedCited by 2 opinions

ORIGINAL proceedings in this court for a writ of mandate to compel tbe defendant to make the certificate required by the provisions of an act of the legislature approved March 8, 1903. Plaintiff contends that it is the duty of the accountants to certify what they find. (Idaho Laws 1903, p. 204, sees. 4, 5.) If they cannot agree upon all matters, each should certify to what he finds.

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ORIGINAL proceedings in this court for a writ of mandate to compel tbe defendant to make the certificate required by the provisions of an act of the legislature approved March 8, 1903. Plaintiff contends that it is the duty of the accountants to certify what they find. (Idaho Laws 1903, p. 204, sees. 4, 5.) If they cannot agree upon all matters, each should certify to what he finds. If the accountants should be compelled to agree upon all points before making certificates, an obstinate accountant could postpone the settlement between the counties indefinitely. The accountants act clerically…

1Opinion of the CourtSullivan, J.

— This is an original application to this court for a writ of mandate to Leslie Thompson, the accountant of Nez Perce county, appointed pursuant to the provisions of section 4 of an act of the legislature approved March 10, 1903 (Sess. Laws 1903, p. 204), entitled, “An act to annex a portion of the county of Shoshone to the county of Nez Perce and to submit the question of the proposed annexation to a vote of the electors within the territory to be annexed, and apportion the debt of Shoshone county between the counties of Shoshone and Nez Perce, and to define the boundary of the county of…

2Cases cited6 opinions

  1. Mount Pleasant v. BeckwithSupreme Court of the United States · 1880
  2. Commissioners of Laramie County v. COMMISSIONERS OF ALBANY COUNTYSupreme Court of the United States · 1876
  3. County of Colusa v. County of GlennCalifornia Supreme Court · 1897
  4. Alder Gulch Con. Mining Co. v. HayesMontana Supreme Court · 1886
  5. In re Apportionment of Indebtedness between Fremont & Big Horn CountiesWyoming Supreme Court · 1898

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3Cited by2 opinions

  1. Johnson v. DiefendorfIdaho Supreme Court · 1936
  2. Shoshone County v. SchuldtIdaho Supreme Court · 1906

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