In re Appeal of Rice
Idaho Supreme Court
APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. Ralph T. Morgan, Judge. Hans J. Rice, county treasurer of Shoshone county, and ex-officio public administrator, appealed from the action of the board of county commissioners of Shoshone county in refusing to him a quarter’s salary as county treasurer, which order and action of the board was based on the neglect and refusal of the treasurer to account for the fees and compensation…
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APPEAL from the District Court of the First Judicial District for Shoshone County. Hon. Ralph T. Morgan, Judge. Hans J. Rice, county treasurer of Shoshone county, and ex-officio public administrator, appealed from the action of the board of county commissioners of Shoshone county in refusing to him a quarter’s salary as county treasurer, which order and action of the board was based on the neglect and refusal of the treasurer to account for the fees and compensation collected by him as public administrator. The district court sustained and affirmed the action of the board of commissioners,…
1Opinion of the CourtAilshie, J.
The only question to be determined on this appeal is whether or not the fees collected by the public administrator in administering upon estates under appointment and in the capacity of public administrator must be turned *308in to the county or may be retained by him for his personal and individual benefit. Section 6 of article 18 of the constitution makes the county treasurer ex-officio public administrator. Chapter 13 of title 10 of the Code of Civil Procedure of 1887 prescribes the duties of the public administrator. By the provisions of that chapter he is required to give a separate bond in…
2Cases cited5 opinions
- Ada County v. GessIdaho Supreme Court · 1895
- Hillard v. Shoshone CountyIdaho Supreme Court · 1891
- Guheen v. CurtisIdaho Supreme Court · 1892
- County of Ada v. RyalsIdaho Supreme Court · 1895
- Hillard v. Auditor of Shoshone CountyIdaho Supreme Court · 1891
3Cited by4 opinions
- Givens v. CarlsonIdaho Supreme Court · 1916
- Kiernan v. ClelandIdaho Supreme Court · 1929
- Denzo v. MurrayIdaho Supreme Court · 1937
- Estate of De NuncioIdaho Supreme Court · 1937