Rankin v. Jauman
Idaho Supreme Court
APPEAL from District Court, Ada County. A board of commissioners must act in legal session. Its powers are in the board, not its members (Paola etc. B. B. Go. ■v. Anderson County, 16 Kan. 302), and can act only in accordance with the statute. (Gorman v. County Commissioners, 1 Idaho, 553.) No statutory provision can be set aside by any Tule or custom of the board.
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APPEAL from District Court, Ada County. A board of commissioners must act in legal session. Its powers are in the board, not its members (Paola etc. B. B. Go. ■v. Anderson County, 16 Kan. 302), and can act only in accordance with the statute. (Gorman v. County Commissioners, 1 Idaho, 553.) No statutory provision can be set aside by any Tule or custom of the board. (People v. Brinlcerhoff, 68 N. Y. 359.) The only evidence of the intention of the board is drawn irom the records. (Phelan v. San Francisco, 6 Cal. 531.) Records of a board are prima facie evidence of its proceedings. (People v.…
1Opinion of the CourtHuston, J.
This action was brought under section 7459> of the Bevised Statutes of Idaho, which is as follows:
“Sec. 7459. When an information in writing, verified by the oath of any person, is presented to a district court', alleging that any officer within the jurisdiction of the court has been guilty of charging and collecting illegal fees for services rendered or to be rendered in his office, or has refused or neglected, to perform the official duties pertaining to his office, the court must cite the party charged to appear before the court at a. time not more than ten nor less than five days from the…
2Cases cited1 opinion
- Rankin v. JaumanIdaho Supreme Court · 1894
3Cited by23 opinions
- Shattuck Denn Mining Corporation, (Iron King Branch) v. National Labor Relations BoardCourt of Appeals for the Ninth Circuit · 1966
- Skeen v. CraigUtah Supreme Court · 1906
- Miller v. SmithIdaho Supreme Court · 1900
- Stover v. Washington CountyIdaho Supreme Court · 1941
- State v. BorstadNorth Dakota Supreme Court · 1914
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