Hampton v. Dilley
Idaho Supreme Court
APPEAL from District Court, Logan County. There cannot be a de facto officer where no de jure office exists to be filled. (In re Hinhle, 31 Kan. 712, 3 Pac. 531.) Unconstitutional enactments are inoperative. (Cooley’s Constitutional Law, 144; Cooley’s Constitutional Limitations, 224; State v. Tufly, 20 Nev. 427, 19 Am. St. Rep. 374, 22 Pac. 1054.) A vacancy in office can only occur upon the happening of one of the things mentioned in the statute.
Read the full summary
APPEAL from District Court, Logan County. There cannot be a de facto officer where no de jure office exists to be filled. (In re Hinhle, 31 Kan. 712, 3 Pac. 531.) Unconstitutional enactments are inoperative. (Cooley’s Constitutional Law, 144; Cooley’s Constitutional Limitations, 224; State v. Tufly, 20 Nev. 427, 19 Am. St. Rep. 374, 22 Pac. 1054.) A vacancy in office can only occur upon the happening of one of the things mentioned in the statute. (People v. Whitman, 10 Cal. 38; State v. Wilson, 30 Kan. 661, 2 Pac. 828; Rosborough v. Boardman, 67 Cal. 116, 7 Pac. 261; Gormo,n v. Commissioners,…
1Opinion of the CourtHuston, J.
At the regular biennial election of 1890 the plaintiff was elected to the office of probate judge for Logan county for the two years next following the first day of January, 1891. He regularly qualified as such on the thirteenth day of January, 1891, and entered upon the discharge of his duties as such officer. On the third day of March, 1891, the legislature of Idaho passed an act, by the terms of which they created the counties of Alta and Lincoln out of the territory theretofore comprising the counties of Alturas and Logan. At the time of the passage of the act referred to, Bellevue was…
2Cases cited3 opinions
- Sessums v. BottsTexas Supreme Court · 1871
- People ex rel. Lincoln County v. GeorgeIdaho Supreme Court · 1891
- People ex rel. Lincoln County v. GeorgeIdaho Supreme Court · 1891
3Cited by5 opinions
- State v. McDermottIdaho Supreme Court · 1932
- Wright v. KelleyIdaho Supreme Court · 1895
- Howell v. Board of CommissionersIdaho Supreme Court · 1898
- Ballentine v. WilleyIdaho Supreme Court · 1893
- Johnson v. BrooksSupreme Court of Georgia · 1913