Hart v. Boise County

Idaho Supreme Court

Hart v. Boise County

16 P. 552, 2 Idaho 376, 1888 Ida. LEXIS 4

DecidedFebruary 2, 1888

StatusPublished

This text of 16 P. 552 (Hart v. Boise County) is published on Counsel Stack Legal Research, covering Idaho Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Hart v. Boise County, 16 P. 552, 2 Idaho 376, 1888 Ida. LEXIS 4 (Idaho 1888).

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Opinion

HAYS, C. J.

The plaintiff in error, being probate judge of

Boise county, filed his claim against said county for salary and fees for the quarter ending July 10, 1887, claiming the same under and by virtue of “An act regulating the salary and fees of the probate judges of Lemhi and Boise counties,” approved February 20, 1879. (See 10th Sess. Laws, p. 61.) The board of county commissioners disallowed the claim as filed, from which order the plaintiff in error appealed to the district court, where the order disallowing the claim was affirmed, and plaintiff now brings his cause to this court upon a writ of error.

Many questions have been discussed in this case which we will not consider; for we find that the act of February 20, 1879, upon which this claim was based, was repealed February 10, 1887.

Judgment of the district court is therefore affirmed.

Buck, J., and Broderick, J., concurring.

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HAYS, C. J.

The plaintiff in error, being probate judge of

Boise county, filed his claim against said county for salary and fees for the quarter ending July 10, 1887, claiming the same under and by virtue of “An act regulating the salary and fees of the probate judges of Lemhi and Boise counties,” approved February 20, 1879. (See 10th Sess. Laws, p. 61.) The board of county commissioners disallowed the claim as filed, from which order the plaintiff in error appealed to the district court, where the order disallowing the claim was affirmed, and plaintiff now brings his cause to this court upon a writ of error.

Many questions have been discussed in this case which we will not consider; for we find that the act of February 20, 1879, upon which this claim was based, was repealed February 10, 1887.

Judgment of the district court is therefore affirmed.

Buck, J., and Broderick, J., concurring.

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Bluebook (online)

16 P. 552, 2 Idaho 376, 1888 Ida. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hart-v-boise-county-idaho-1888.