Archbold v. Huntington
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Custer County. Hon. Robert M. Terrell, Judge. Action to oust defendant from office of sheriff. Prom verdict and judgment of ouster, defendant appeals.
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APPEAL from the District Court of the Sixth Judicial District, for Custer County. Hon. Robert M. Terrell, Judge. Action to oust defendant from office of sheriff. Prom verdict and judgment of ouster, defendant appeals. If the different acts alleged constituted but one offense, the same should have been alleged under different counts. {Territory v. Guthrie, 2 Ida. 432, 17 Pac. 39; State v. Gruber, 19 Ida. 692, 115 Pac. 1.) If a public official in attempting to perform his duties fails to act according to every specific requirement of the law or acts in a manner contrary to law, he would not be…
1Opinion of the Court
LEE, J. —
This was a summary proceeding commenced by respondents, complainants below, citizens of Custer county, Idaho, for the removal of appellant W. K. Huntington from the office of sheriff of said county, under the provisions of C. S., sec. 8684, and to recover the statutory penalty therein prescribed.
The amended complaint alleges that W. K. Huntington was the duly elected, qualified and acting sheriff of said county, and that while so acting he arrested complainants upon a warrant of arrest issued by the probate court of said county and took them to Challis, the county seat, and…
2Cases cited12 opinions
- Lewis v. DunneCalifornia Supreme Court · 1901
- Rankin v. JaumanIdaho Supreme Court · 1894
- State v. GruberIdaho Supreme Court · 1911
- Libby v. PelhamIdaho Supreme Court · 1917
- Territory v. GuthrieIdaho Supreme Court · 1888
7 more not listed; retrieve them via the Exa API.
3Cited by19 opinions
- Meyer v. Skyline Mobile HomesIdaho Supreme Court · 1979
- State v. MartinezIdaho Supreme Court · 1926
- Bell v. Idaho Department of LaborIdaho Supreme Court · 2014
- Boise City v. BaxterIdaho Supreme Court · 1925
- McNulty v. Sinclair Oil Corp.Idaho Supreme Court · 2012
14 more not listed; retrieve them via the Exa API.