Legal Opinion

Meller v. Board of Commissioners

Idaho Supreme Court

Decided February 5, 1894PublishedCited by 14 opinions

WRIT of error to District Court, Logan County. When our state constitution was adopted it abolished the office of county attorney, and provided for a district attorney whose jurisdiction extends over several counties. At the same dime the framers of the constitution, evidently foreseeing the necessity which would arise under the changed conditions, provided, in section 6 of article 18 of our constitution that “The county commissioners may employ counsel when necessary.”

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WRIT of error to District Court, Logan County. When our state constitution was adopted it abolished the office of county attorney, and provided for a district attorney whose jurisdiction extends over several counties. At the same dime the framers of the constitution, evidently foreseeing the necessity which would arise under the changed conditions, provided, in section 6 of article 18 of our constitution that “The county commissioners may employ counsel when necessary.” It was undoubtedly apparent to the framers of the constitution, as it has since been proved by experience, throughout the…

1Opinion of the CourtHuston, C. J.

This ease is before us on a writ of error to the district court for the county of Logan. The facts as they appear by the record are as follows: That on the third day of January, 1893, the board of county commissioners for Logan county made, and caused to be entered upon their records, the following order: “Ordered that H. S. Hampton be, and he is hereby, appointed and retained as legal adviser of the board of commissioners for Logan county.” On the thirteenth day of January, 1893, the board of commissioners for Logan county made the following contract with said H. S. Hampton:

“Ordered, that…

2Cases cited3 opinions

  1. C. C. Clark and Others v. . E. R. Stanley and OthersSupreme Court of North Carolina · 1872
  2. Shelby v. AlcornMississippi Supreme Court · 1858
  3. Vaughn v. EnglishCalifornia Supreme Court · 1857

3Cited by14 opinions

  1. Wright v. CallahanIdaho Supreme Court · 1940
  2. Ada County v. GessIdaho Supreme Court · 1895
  3. Hampton v. Commissioners of Logan CountyIdaho Supreme Court · 1896
  4. H. J. McNeel, Inc. v. Canyon CountyIdaho Supreme Court · 1954
  5. Conger v. Board of CommissionersIdaho Supreme Court · 1896

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