Legal Opinion

Bragaw v. Gooding

Idaho Supreme Court

Decided February 11, 1908PublishedCited by 18 opinions

An original proceeding in this court for a writ of prohibition. The legislature . conferred absolute power and authority upon the board to approve or disapprove, item by item, claims presented against the state, and allow or disallow them in whole or in part.

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An original proceeding in this court for a writ of prohibition. The legislature . conferred absolute power and authority upon the board to approve or disapprove, item by item, claims presented against the state, and allow or disallow them in whole or in part. They were given by the statute and the constitution full and complete authority in the matter of exam-ing and passing on claims against the state. {Tyke v. Steun-enberg, 5 Ida. 614, 51 Pac. 614.) The action complained of is not in excess of the jurisdiction of the board, and does not come within the scope of the writ of prohibition.…

1Opinion of the CourtStewart, J.

The plaintiff in his affidavit for the writ of prohibition, as applied for in this action, styles the action as follows: “In the Matter of the Application of Robert S. Bragaw, State Auditor of the State of Idaho, for the Issuance of a Writ of Prohibition to Frank R. Gooding, Robert Lans-don and J. J. Guheen, constituting and comprising the Board of Examiners.” The action should have been styled as reformed and styled in this opinion. (Sec. 4955, Rev. Stat.)

This is an original application for a writ of prohibition. Robert S. Bragaw, the plaintiff, in his affidavit for the writ, alleges that he…

2Cases cited1 opinion

  1. Pyke v. SteunenbergIdaho Supreme Court · 1897

3Cited by18 opinions

  1. Rich v. WilliamsIdaho Supreme Court · 1959
  2. Utah Construction Co. v. State Highway CommissionWyoming Supreme Court · 1933
  3. Davis v. StateIdaho Supreme Court · 1917
  4. Wright v. CallahanIdaho Supreme Court · 1940
  5. Jewett v. WilliamsIdaho Supreme Court · 1962

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