Legal Opinion

Wycoff v. Strong

Idaho Supreme Court

Decided November 9, 1914PublishedCited by 3 opinions

Original application for a writ of mandate to compel the eity clerk of the city of Moscow to issue and countersign a certain warrant. Mandamus is the only remedy open to the plaintiff. The council has audited and allowed the claim of the plaintiff, and ordered a warrant drawn therefor, and the clerk, assuming that the claim is illegal, has refused to perform the ministerial duty, required of him by law, of issuing sueh warrant.

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Original application for a writ of mandate to compel the eity clerk of the city of Moscow to issue and countersign a certain warrant. Mandamus is the only remedy open to the plaintiff. The council has audited and allowed the claim of the plaintiff, and ordered a warrant drawn therefor, and the clerk, assuming that the claim is illegal, has refused to perform the ministerial duty, required of him by law, of issuing sueh warrant. (Bice v. Gwinn, 5 Ida. 394, 49 Pac. 412; Wood v. Strother, 76 Cal. 545, 9 Am. St. 249, 18 Pac. 766; People v. Flagg, 16 Barb. (N. Y.) 503; Ireland v. Funnel, 90 Iowa,…

1Opinion of the CourtSullivan, C. J.

This is an original application for a writ of mandate to J. R. Strong, city clerk of the city of Moscow, for the purpose of requiring him to issue and countersign a warrant on the treasurer of said city for the sum of $5,500 which has been allowed by the city to the plaintiff upon his claim for material and labor in the construction of certain sewers in the said city of Moscow.

After the material had been furnished and the work done, the plaintiff filed with the city his verified claim therefor, which was audited and allowed by the city council and the defendant was directed to draw and…

2Cases cited1 opinion

  1. Rice v. GwinnIdaho Supreme Court · 1897

3Cited by3 opinions

  1. Davidson v. WrightIdaho Supreme Court · 2006
  2. Gem Irrigation District v. GalletIdaho Supreme Court · 1927
  3. Davidson v. WrightIdaho Supreme Court · 2006

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