· 12/6/1900

Fremont County v. Warner

Citations

  • 7 Idaho 367
  • 63 P. 106
  • 1900 Ida. LEXIS 60

Syllabus

<p>Sheriff — Indebtedness to County — Compbomise by Giving Note— Ultea 'Vibes- — Estoppel.—W., being found indebted to tlie county upon a settlement of his accounts as sheriff, compromised such indebtedness by giving his note for a certain sum, with the other defendants as joint makers. In an action, upon such note by the county, defendant pleaded ultra vires, that plaintiff had no authority to accept such compromise. Eeld, that the defendant having accepted the benefit of the compromise was estopped from, pleading ultra vires.</p> <p>(Syllabus by the court.)</p>

Judges: Huston, Quarles, Sullivan

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