Board of Commissioners of Shoshone County v. Mayhew
Idaho Supreme Court
Original proceeding by mandamus. The question to be presented upon this petition is whether or not this court will, by its writ of mandate, compel said judge to fix a time and place convenient to himself for the hearing of said appeal, as provided in section 1777 of the Revised Statutes, and the act of March 6, 1895. Section 1776 of said act provides that where an appeal, such as that under consideration, is taken, no act or proceeding of the board of county commissioners…
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Original proceeding by mandamus. The question to be presented upon this petition is whether or not this court will, by its writ of mandate, compel said judge to fix a time and place convenient to himself for the hearing of said appeal, as provided in section 1777 of the Revised Statutes, and the act of March 6, 1895. Section 1776 of said act provides that where an appeal, such as that under consideration, is taken, no act or proceeding of the board of county commissioners shall be valid, until after the expiration of the time allowed for appeal or until such appeal, if taken, shall be finally…
1Opinion of the CourtQuarles, J.
This is an original proceeding in this court by way of application for a writ of mandamus to compel the respondent, as district' judge of the first judicial district, to hear at chambers an appeal from an order of the board of county commissioners of Shoshone county to the district court of said district in and for said county. It appears from the petition that said county commissioners made, on the thirteenth day of October, 1897, an order employing W. B. Heyburn as attorney to bring an action contesting the validity of certain bonds theretofore issued by said Shoshone county. From said…
2Cases cited9 opinions
- Noyes & Pettingill v. HewittNew York Supreme Court · 1837
- Strong v. GrantCalifornia Supreme Court · 1893
- Lewis v. BarclayCalifornia Supreme Court · 1868
- People ex rel. Polhemus v. PrattCalifornia Supreme Court · 1865
- Ex parte KoonCourt for the Trial of Impeachments and Correction of Errors · 1845
4 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Logan v. CarterIdaho Supreme Court · 1930
- Hill v. MorganIdaho Supreme Court · 1904
- In re MarshallIdaho Supreme Court · 1899
- Felton v. PratherIdaho Supreme Court · 1973
- Allen v. SmylieIdaho Supreme Court · 1969
3 more not listed; retrieve them via the Exa API.