Counties v. County of Alturas

Citations

• 4 Idaho 145
• 37 P. 349
• 1894 Ida. LEXIS 28

Syllabus

<p>División of County — Duty of Commissioners — Apportionment of Debt. — When a county is divided by act of the legislature, and said act contains a provision that the boards of commissioners of the counties so created shall apportion a debt that may exist, to ascertain what portion each shall pay, held, that it is a perpetual continuing duty incumbent upon the commissioners then</p> <p>in office and their successors until it is performed, and that a right of action does not abate by reason of the persons holding the office of commissioners refusing or neglecting to'perform such duty during their term.</p> <p>Where Duty is of a Public Nature Law of Limitations Does not Apply. — Where the duty to be performed or the right to be enforced is of a strictly public nature, they are not subject to the law of limitations.</p> <p>Same — Demand not Required. — Where a duty is of a strictly public character, by law required to be performed by a public officer, there is no one especially empowered to make the demand for its performance; therefore such demand is not necessary. The law itself is a continual demand, and neglect or performance is a continual refusal.</p> <p>(Syllabus by the court.)</p>