Berry v. Koehler

*174McFADDEN, Justice.

Plaintiffs, as appellants and cross-respondents (herein referred to as appellants), are the same individuals as the appellants in the case of Berry v. Summers, 76 Idaho 446, 283 P.2d 1093, which held unconstitutional the provisions of S.L.1953, Ch. 105, § 1. Defendants, respondents and cross-appellants (herein referred to as respondents), at the time of filing this appeal, were incumbents of their respective offices.

S.L.1957, Ch. 81, § 1, the subject of this action is as follows:

“Section 1. That Section 54-901 Idaho Code be, and the same is hereby amended to read as follows:

“…