Legal Opinion

Mombert v. Bannock County

Idaho Supreme Court

Decided January 19, 1904PublishedCited by 1 opinion

APPEAL from District Court in and for Bannock County. Honorable Alfred Budge, Judge. Plaintiff filed his claim with the board of commissioners of Bannock county for board furnished prisoners under contract with the sheriff and the commissioners rejected the claim. Plaintiff appealed to the district court, where he obtained a judgment for the amount claimed. From the judgment of the district court the county appealed.

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APPEAL from District Court in and for Bannock County. Honorable Alfred Budge, Judge. Plaintiff filed his claim with the board of commissioners of Bannock county for board furnished prisoners under contract with the sheriff and the commissioners rejected the claim. Plaintiff appealed to the district court, where he obtained a judgment for the amount claimed. From the judgment of the district court the county appealed. This is an action upon an appeal from an order of the board of county commissioners of Bannock county, made at their January meeting, 1903, disallowing the claim of Joseph…

1Opinion of the Court

AILSHIE, J.-

The question presented for determination in this case is: Is the county liable to a person who furnishes board to prisoners confined in the county jail and can such a person maintain his action against the county for the value thereof? The respondent furnished the sheriff of Bannock county board for prisoners detained by him in the county jail during the year 1902, and about January, 1903, and while the sheriff was indebted to respondent in the sum of $377.10 for such, board, it was discovered that the sheriff was a defaulter in a large sum, and thereupon the respondent filed his…

2Cases cited3 opinions

  1. Commissioners of Atchison Co. v. TomlinsonSupreme Court of Kansas · 1872
  2. Hendricks v. Board of CommissionersSupreme Court of Kansas · 1886
  3. Jolly v. WoodwardIdaho Supreme Court · 1895

3Cited by1 opinion

  1. In re the Accounts of WardellDistrict Court, D. Hawaii · 1916

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