State ex rel. Rich v. Larson

KNUDSON, Justice.

This is an original proceeding for a writ of mandate to compel the defendant, Evert W. Larson, as auditor and recorder for Kootenai County, to accept for filing or recording, without payment of the statutory fees, instruments such as deeds, releases of mortgages, subordination agreements, easements, etc., offered for recording by plaintiff in connection with the acquisition of rights of way or other lawful functions of plaintiff. Alternative writ was issued to which defendant filed return and answer.

The facts are not in dispute. Defendant admits that since July 1, 1961,…