Ellis v. Bingham County

Citations

• 7 Idaho 86
• 60 P. 79
• 1900 Ida. LEXIS 11

Syllabus

<p>Claims Against a County — Allowance in Part — Appeal from Boards op Commissioners. — Claimants, whose claims against the county are allowed in part, must accept or reject the action of the board of commissioners as a whole, and cannot appeal from a portion of the action of the board. Affirming fflalvins v. Ngz Perces County, 4 Idaho, 131, 36 Pac. 702, and Clyne v. Bingham, County, ante, p. 75, 60 Pae. 76.</p> <p>Same — Claim fob Services, What to Contain. — An item in a constable’s claim or account against a' county, for services in serving process in a criminal case, must specify the court in which the action is pending, name the offense, the party served, and place of service, so that the correctness of the item shall prima facie appear from the claim itself.</p> <p>Statute Construed. — Act of March 13, 1801, does not amend sections 2126 and 2136 of the Revised Statutes in so far as said sections relate to constables’ fees and mileage.</p> <p>Constables’ Fees and Mileage. — Constables are entitled to mileage at the rate of twenty cents per mile for each mile necessarily traveled in going only, from place where the court is held to serve process.</p> <p>Attorneys — Stipulation.—Briefs that are signed and filed by persons claiming to be attorneys, but who are not licensed to practice in the appellate court, will be stricken from the files on order of the court.</p> <p>Boards op Commissioners. — Boards of commissioners are not a law unto themselves, but must he guided by and obey the provisions of statutes relating to the allowance of claims against a county.</p> <p>Dismissal op Appeal. — When there is no judgment or order from which an appeal will lie shown by the transcript, the appellate court should, on its own motion, dismiss the appeal. Affirming Potter v. Tallcington, 5 Idaho, 317, 49 Pac. 14, and Clyne v. Bing-ham County, ante, p. 75, 60 Pae. 76.</p> <p>(Syllabus by the court.)</p>