Knight v. Trigg
Idaho Supreme Court
Original application for a writ of mandate. A vacancy may exist when an office is created and no one has been appointed to fill it, and an existing office without an incumbent is vacant, whether it be a new or an old one. {People v. Opel, 188 111. 194, 58 N. E. 996; In re Collins, 16 Misc.
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Original application for a writ of mandate. A vacancy may exist when an office is created and no one has been appointed to fill it, and an existing office without an incumbent is vacant, whether it be a new or an old one. {People v. Opel, 188 111. 194, 58 N. E. 996; In re Collins, 16 Misc. Rep. 598, 40 N. T. Supp. 517; Commonwealth v. DickerI, 195 Pa. 234, 45 Atl. 1058; People v. Pucker, 5 Colo. 455; State v. Irwin, 5 Nev. 111.) A newly created office becomes ipso facto vacant in its creation. {State ex rel. Brown v. McMillan, 108 Mo. 153, 18 S. W. 784; Smith v. Askew, 48 Ark. 82, 2 S. W.…
1Opinion of the CourtAilshie, J.
This is an original application for a writ of mandate. The petitioner alleges that he is a resident, citizen and elector of Sherman precinct, county of Kootenai, and that the defendants constitute the board of commissioners of Kootenai county; that a special election has been called by the governor of the state of Idaho, for the election of a judge for the eighth judicial district, as provided for by an act of the legislature entitled, “An act creating the eighth judicial district; providing for the election of a judge thereof; providing for the fixing of the terms of court in said *258district,…
2Cases cited12 opinions
- Stocking v. StateIndiana Supreme Court · 1855
- State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
- Condon v. MaloneyTennessee Supreme Court · 1901
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Toncray v. BudgeIdaho Supreme Court · 1908
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3Cited by17 opinions
- In Re EdwardsIdaho Supreme Court · 1928
- Wright v. CallahanIdaho Supreme Court · 1940
- Gillesby v. Board of County CommissionersIdaho Supreme Court · 1910
- State Ex Rel. West, Atty. Gen. v. BreckinridgeSupreme Court of Oklahoma · 1912
- Ada County v. WrightIdaho Supreme Court · 1939
12 more not listed; retrieve them via the Exa API.