Anderson v. Lewis
Idaho Supreme Court
An original proceeding by mandamus. Section 209 of the Revised Statutes provides that whenever any person has received moneys, or has collected moneys belonging to the state and fails to account therefor, or who fails to pay into the treasury any money belonging to the state, upon being required to do so by the auditor, within twenty days after such requisition, the auditor must state an account with, such person charging twenty-five per cent damages and interest at ten per…
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An original proceeding by mandamus. Section 209 of the Revised Statutes provides that whenever any person has received moneys, or has collected moneys belonging to the state and fails to account therefor, or who fails to pay into the treasury any money belonging to the state, upon being required to do so by the auditor, within twenty days after such requisition, the auditor must state an account with, such person charging twenty-five per cent damages and interest at ten per cent. Mandamus is the proper remedy in this case. (State v. Stanton, 14 Utah, 180, 46 Pac. 1109; State v. Roderick, 23…
1Opinion of the CourtHeston, J.
— The facts ar.e, as they appear from the record, in substance as follows: In the appropriations for current expenses of the state government, passed by the fourth session of the Idaho legislature, there was included in the appropriations for Secretary of State, for “publishing House and Senate journals and Session Laws of 1897, $2,000.” The Secretary of State made a contract with the Sentinel Printing Company, through its agent or manager, for the printing, binding, etc., of said laws and journals, for the sum of $2,000. It appears that of said sum of $2,000 the sum of $675 was paid to the…
2Cases cited1 opinion
- State ex rel. Attorney General v. LeidtkeNebraska Supreme Court · 1881
3Cited by5 opinions
- Effland v. EfflandSupreme Court of Kansas · 1951
- Clark v. Utah Construction Co.Idaho Supreme Court · 1932
- Robinson v. HuffakerIdaho Supreme Court · 1912
- Sharp v. HollisterSupreme Court of Colorado · 1918
- State Ex Rel. Wright v. GossettIdaho Supreme Court · 1941