Mills v. Board of County Commissioners
Idaho Supreme Court
APPEAL from tbe District Court of tbe P'ourtb Judicial District, for Minidoka County. Hon. Wm. A. Babcock, Judge. Action to recover for services as special prosecuting attorney. Judgment for plaintiff. A district court bas no power to appoint a special prosecuting attorney to appear and prosecute criminal actions pending in a justice’s court, or to appear in any action or proceeding not pending in or before such district court.
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APPEAL from tbe District Court of tbe P'ourtb Judicial District, for Minidoka County. Hon. Wm. A. Babcock, Judge. Action to recover for services as special prosecuting attorney. Judgment for plaintiff. A district court bas no power to appoint a special prosecuting attorney to appear and prosecute criminal actions pending in a justice’s court, or to appear in any action or proceeding not pending in or before such district court. (18 C. J. 1340; Sayles v. Genesee Circuit Judge, 82 Mieb. 84, 46 N. W. 29.) A district court bas no power to appoint special prosecuting attorney at ebambers or in any…
1Opinion of the CourtBudge', J.
This action was brought by respondent in the probate court for Minidoka county, to recover the sum of $500 for services rendered by him as special prosecuting attorney.
It is alleged in the complaint that respondent was at all times therein mentioned an attorney at law; that Minidoka county was and is a legal subdivision of the state, and E. C. Maynard, W. J. Flake and A. B. Rice the commissioners of said county; that on April 9, 1918, there were certain *50criminal proceedings pending in said county in which W. W. Mattinson, the then prosecuting attorney, was disqualified to act; that on said…
2Cases cited3 opinions
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