Noble v. Bragaw
Idaho Supreme Court
APPLICATION for a writ of mandate to compel the state auditor to issue a state warrant in payment of the state veterinary surgeon’s salary. Every possible presumption is to be indulged in favor of the validity of the statute. (Fletcher v. Peck, 6 Cranch, 128, 3 L. ed. 162; Ogden v. Saunders, 12 Wheat. 270, 6 L. ed. 606; Mulger v. Ka/nsas City, 123 U. S. 623, 31 L. ed. 205, 8 Sup. Ct.
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APPLICATION for a writ of mandate to compel the state auditor to issue a state warrant in payment of the state veterinary surgeon’s salary. Every possible presumption is to be indulged in favor of the validity of the statute. (Fletcher v. Peck, 6 Cranch, 128, 3 L. ed. 162; Ogden v. Saunders, 12 Wheat. 270, 6 L. ed. 606; Mulger v. Ka/nsas City, 123 U. S. 623, 31 L. ed. 205, 8 Sup. Ct. Rep. 273.) Section 3, article 18, of the Idaho constitution does not apply to acts that do not purport to amend or revise. It has no •application to amendments by implication, or to repeals, either express or by…
1Opinion of the CourtSullivan, J.
This is an application for a writ of mandate to the auditor of the state to compel him to issue certain state warrants to the plaintiff on account of his salary as state veterinary surgeon, and for certain expenses connected with said office. The defendant answered the petition for the writ and put in issue the constitutionality of the act creating the office of veterinary surgeon, which was approved March 6, 1905, and is entitled, “An act to suppress contagious and infectious diseases among livestock; creating a livestock sanitary board and providing for its appointment; to create the office…
Also in this document: Concurrence.
2Cases cited8 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Fletcher v. PeckSupreme Court of the United States · 1810
- Ogden v. SaundersSupreme Court of the United States · 1827
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- Denver Circle R. v. NestorSupreme Court of Colorado · 1887
3 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Rich v. WilliamsIdaho Supreme Court · 1959
- In Re EdwardsIdaho Supreme Court · 1928
- Meyers v. City of Idaho FallsIdaho Supreme Court · 1932
- Eberle v. NielsonIdaho Supreme Court · 1957
- Williams v. BaldridgeIdaho Supreme Court · 1930
16 more not listed; retrieve them via the Exa API.