People v. Burnham
Idaho Supreme Court
APPEAL from the District Court of the Sixth Judicial District, for Custer County. Hon. F. J. Cowen, Judge. Action for usurpation of office. From judgment for plaintiff, defendant appeals. This action is.in the nature of a criminal action and defendant is entitled to a trial by jury. (People ex rel. Gorman v. Havird, 2 Ida. 531, 25 Pac. 294, 10 L. E. A. 831; People ex rel. Warfield v. Sutter St. By., 129 Cal. 545, 79 Am.
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APPEAL from the District Court of the Sixth Judicial District, for Custer County. Hon. F. J. Cowen, Judge. Action for usurpation of office. From judgment for plaintiff, defendant appeals. This action is.in the nature of a criminal action and defendant is entitled to a trial by jury. (People ex rel. Gorman v. Havird, 2 Ida. 531, 25 Pac. 294, 10 L. E. A. 831; People ex rel. Warfield v. Sutter St. By., 129 Cal. 545, 79 Am. St. 137, 62 Pac. 104.) The right of trial by jury, as provided for under art. 1, see. 7, of our constitution, “Secures the right as it existed at the date of the adoption of…
1Opinion of the Court
. DUNN, J.
This action was brought by the prosecuting attorney of Custer county for the purpose of trying the title of appellant to the office of superintendent of public instruction of said county. The complaint alleged that appellant “was not eligible to said office at the time of her nomination or election; that she did not at said time or times hold a state or state life certificate and was not a teacher of not less than two years’ actual experience and service in the schools of Idaho, one of which years’ experience being while holding a valid certificate of a grade not lower than a state…
2Cases cited3 opinions
- State ex rel. Mullen v. DohertyWashington Supreme Court · 1897
- Christensen v. HollingsworthIdaho Supreme Court · 1898
- People ex rel. Rees v. KadletzIdaho Supreme Court · 1917
3Cited by25 opinions
- State v. SivakIdaho Supreme Court · 1983
- Coghlan v. Beta Theta Pi FraternityIdaho Supreme Court · 1999
- Ross v. Coleman Co., Inc.Idaho Supreme Court · 1988
- Sheets v. Agro-West, Inc.Idaho Court of Appeals · 1983
- Idaho Mutual Benefit Ass'n v. RobisonIdaho Supreme Court · 1944
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