Ingard v. Barker
Idaho Supreme Court
Original proceeding on application for writ of mandate against the Secretary of State. The Wyoming statute with reference to the duty of the Secretary of State in regard to commissions is to all intents and purposes the same as ours. (Sec. 8, chap. 95, Laws of Wyoming, 1890-91; State ex rel. Miller v. Barber, Secy, of State, 4 Wyo. 409, 34 Pac. 1028, 27 L. ft.
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Original proceeding on application for writ of mandate against the Secretary of State. The Wyoming statute with reference to the duty of the Secretary of State in regard to commissions is to all intents and purposes the same as ours. (Sec. 8, chap. 95, Laws of Wyoming, 1890-91; State ex rel. Miller v. Barber, Secy, of State, 4 Wyo. 409, 34 Pac. 1028, 27 L. ft. A. 45.) The supreme court of Wyoming declared that the Wyoming statute was mandatory and that the Secretary of State had no right to refuse to affix the seal of the state, or countersign the commission issued by the Governor, because in…
1Opinion of the CourtBudge, J.
— On January 21st, 1915, the Honorable Moses Alexander, Governor of the state of Idaho, directed the defendant, as Secretary for the state of Idaho, to issue commissions as members of the state board of horticultural inspection to Daniel L. Ingard, Louis A. Blackman and O. G. Zuck.
The defendant complied with the said direction of the Governor in so far as the same pertained to O. G. Zuck, but declined to comply with the same in so far as it pertained to *129Daniel L. Ingard and Louis A. Blackman, alleging that as to the two latter, the attempted appointment was void and of no effect, because of…
2Cases cited29 opinions
- Marbury v. MadisonSupreme Court of the United States · 1803
- State v. BryanSupreme Court of Florida · 1905
- United States v. MauriceU.S. Circuit Court for the District of Virginia · 1823
- Commonwealth v. PlaistedMassachusetts Supreme Judicial Court · 1889
- Davis v. StateCourt of Appeals of Maryland · 1854
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3Cited by42 opinions
- Leek v. TheisSupreme Court of Kansas · 1975
- Davenport Water Co. v. Iowa State Commerce CommissionSupreme Court of Iowa · 1971
- Diefendorf v. GalletIdaho Supreme Court · 1932
- State ex rel. Buford v. DanielSupreme Court of Florida · 1924
- Smallwood v. JeterIdaho Supreme Court · 1926
37 more not listed; retrieve them via the Exa API.