Legal Opinion

Winter v. Davis

Idaho Supreme Court

Decided October 4, 1944No. 7211PublishedCited by 4 opinions

1Opinion of the Court

Vacancies in all county offices shall be filled by the County Commissioners until the next general election when such vacancy shall be filled by election. (Sec. 57-906, I. C. A.; Sec. 57-909, I. C. A.)

The tenure of an officer filling a vacancy is, if elected to the full unexpired term, if appointed, only until his successor is elected and qualified. (Sec. 57-914, I. C. A.)

The Clerk of the District Court is a County Officer, and the County Commissioners have power to appoint someone to fill a vacancy therein. (Sec. 30-1501, I. C. A.; Sec. 30-2606, I. C. A.; Sec. 57-906, I. C. A.)

The appointee…

2Cases cited21 opinions

  1. State ex rel. Watson v. CobbSupreme Court of Kansas · 1863
  2. State ex rel. Patterson v. LentzMontana Supreme Court · 1915
  3. State ex rel. Weeks v. GambleSupreme Court of Florida · 1869
  4. State ex rel. McGowan v. SedgwickMontana Supreme Court · 1912
  5. McCreary v. WilliamsCourt of Appeals of Kentucky · 1913

16 more not listed; retrieve them via the Exa API.

3Cited by4 opinions

  1. Ausman v. StateIdaho Supreme Court · 1993
  2. Tway v. WilliamsIdaho Supreme Court · 1959
  3. White v. YoungIdaho Supreme Court · 1964
  4. Moon v. MastersIdaho Supreme Court · 1952

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