Legal Opinion

Jolly v. Woodward

Idaho Supreme Court

Decided November 25, 1895PublishedCited by 1 opinion

APPEAL from District Court, Latah County. Under section 2005 of the Revised Statutes "the auditor must draw warrants on the county treasurer in favor of all persons entitled thereto . . , . for all debts and demands against the county, when the amounts are fixed by law and which are not directed to be audited by some other person or tribunal.”

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APPEAL from District Court, Latah County. Under section 2005 of the Revised Statutes "the auditor must draw warrants on the county treasurer in favor of all persons entitled thereto . . , . for all debts and demands against the county, when the amounts are fixed by law and which are not directed to be audited by some other person or tribunal.” Under sections 1530-1532, the statute makes the duty as resting upon the assessor and tax collector mandatory, and in each of these three sections the word "must” has a peculiar significance. Tn none of the three sections just before mentioned is the…

1Opinion of the CourtSullivan, J.

Jolly Brothers, publishers of the “Moscow Mirror,” a weekly newspaper published at Moscow, Latah count}', made application to the district court of said county for a writ of mandate to compel Jay Woodworth, the auditor of said county, to issue to them a county warrant for the sum of $1,661, on the general fund of said county, that being the amount claimed to be due for the publication of the delinquent tax list of said county for the year 1894, under and by virtue of a contract alleged to have been entered into by them with David Bairburn, the assessor and tax collector of said county. An…

2Cited by1 opinion

  1. Mombert v. Bannock CountyIdaho Supreme Court · 1904

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