Blaine County v. Lincoln County

Citations

• 6 Idaho 57
• 52 P. 165
• 1898 Ida. LEXIS 23

Syllabus

<p>Board op Accountants — Clerical Duties. — Accountants appointed under tbe provisions of an act creating a new county out of part of tbe territory of another county, to apportion the indebtedness of the old county between it and the new county, upon a given basis, are not vested with either legislative or judicial functions, but perform mere clerical duties. Blaine Bounty v. Smith, 5 Idaho, 255’, 48 Pac. 286, cited and approved.</p> <p>Same — Acts op Board not Final. — The acts of a board of accountants appointed to apportion a debt between two counties upon a given basis, is not final, but may be impeached on the ground of fraud or mistake.</p> <p>Statutory Liability op Newly Created County — Jurisdiction op Court to Impeach Report op Accountants. — A board of accountants provided by statute to apportion a certain indebtedness between two counties, on a given basis, acted and, in acting, failed to carr5 out the direction of such statute, by which failure on their part one county was defrauded of a large sum of money, which should, under the provisions of such statute, be paid to it by the other county. Held, that in such ease, the courts have jurisdiction to grant relief. Held, further, that it was the duty of said board to carry out the provisions of the statute under which it was created, and in case of failure by such board to perform its duties, the court must, in a proper action therefor, grant relief by rendering such judgment as will carry out the will of the legislature as expressed in said statute.</p> <p>(Syllabus by the court.)</p>