Bonneville County v. Hopkins

McQUADE, Chief Justice.

There are no facts of record in this case since the defendants’ response to plaintiff’s complaint was a defense made in the form of a motion to dismiss as provided by Rule 12(b) I.R.C.P. which motion was granted in part by the trial court. The factual background for this case is therefore limited to the allegations in the complaint.

The complaint alleges that defendant-respondent Hopkins, a former sheriff of Bonneville County, Idaho, had incurred liabilities in excess of his budget appropriation for 1969. The complaint also alleges that there were receipts unaccounted…