Village of Kendrick v. Nelson
Idaho Supreme Court
APPEAL from the District Court of the Second Judicial District for the County of Latah. Hon. Edgar C. Steele, Judge. Action by the village of Kendrick to obtain a writ of mandate against the defendant, treasurer of the plaintiff corporation, to require her to turn over to her successor in office .all the books, papers and moneys in her hands belonging to the municipality. Case heard before the court and writ granted.
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APPEAL from the District Court of the Second Judicial District for the County of Latah. Hon. Edgar C. Steele, Judge. Action by the village of Kendrick to obtain a writ of mandate against the defendant, treasurer of the plaintiff corporation, to require her to turn over to her successor in office .all the books, papers and moneys in her hands belonging to the municipality. Case heard before the court and writ granted. The defendant treasurer appealed from the judgment and order. Where the appointment to an office is during good behavior, or the removal can only be for certain specified causes,…
1Opinion of the CourtAilshie, C. J.
This action was commenced in the district court in and for the county of Latah, by the plaintiff, the village of Kendrick, praying for the issuance of a writ of mandate against the defendant, requiring her to deliver up the books, papers, vouchers and moneys in her hands as the treasurer of the plaintiff village.
The case went to trial, which resulted in a judgment in favor of the plaintiff, and a peremptory writ was issued against defendant.
The sole cause of the controversy appears to have arisen out of what the plaintiff claims was a failure on the part of the defendant to make and file her…
2Cases cited7 opinions
- Dullam v. WillsonMichigan Supreme Court · 1884
- State ex rel. Denison v. City of St. LouisSupreme Court of Missouri · 1886
- Bank of Commerce, Ltd. v. BaldwinIdaho Supreme Court · 1906
- Board of Aldermen v. DarrowSupreme Court of Colorado · 1889
- Arkle v. Board of Com'rsWest Virginia Supreme Court · 1895
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3Cited by14 opinions
- Bryan v. Landis, Atty.-Gen'l. Ex Rel. ReeveSupreme Court of Florida · 1932
- People v. ShawyerWyoming Supreme Court · 1924
- Patten v. MillerSupreme Court of Georgia · 1940
- Holmes v. OsbornArizona Supreme Court · 1941
- Corrada v. Asamblea Municipal de MorovisSupreme Court of Puerto Rico · 1956
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