Empire Copper Co. v. Henderson
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District of the State of Idaho, for Custer County. Hou. J. M. Steveus, Judge. An application by respondent for mandamus to compel appellant, as ex-officio auditor and recorder of Custer county, to file an affidavit of proof of labor upon thirty-three mining claims for a fee of fifty cents. Judgment for plaintiff. Defendant appeals.
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APPEAL from the District Court of the Sixth Judicial District of the State of Idaho, for Custer County. Hou. J. M. Steveus, Judge. An application by respondent for mandamus to compel appellant, as ex-officio auditor and recorder of Custer county, to file an affidavit of proof of labor upon thirty-three mining claims for a fee of fifty cents. Judgment for plaintiff. Defendant appeals. The general intent of the act should be kept in view in determining the scope and meaning of any part. (Sutherland Stat. Constr., sec. 239; State v. Roby, 142 Ind. 168, 51 Am. St. Rep. 174, 41 N. E. 145, 33 L. R.…
1Opinion of the CourtStewart, J.
The respondent presented to the defendant, as county recorder, for record an affidavit showing that $100 worth of work was performed and made upon and for the benefit of each of thirty-three separate mining claims at the expense of the Empire Copper Company, owners of said claims. The appellant demanded as a filing fee $16.50, or fifty cents for each claim named in said affidavit. The respondent tendered to appellant fifty cents, and demanded that said affidavit be filed and respondent refused to file the same. Thereupon, respondent applied to the district court for a writ of mandate, and…
2Cited by13 opinions
- State v. GrosecloseIdaho Supreme Court · 1946
- State Ex Rel. Haworth v. BerntsenIdaho Supreme Court · 1948
- Northern Pacific Railway Co. v. Shoshone CountyIdaho Supreme Court · 1941
- Brockman v. CavinessIdaho Supreme Court · 1940
- Donaldson v. Thousand Springs Power Co.Idaho Supreme Court · 1916
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