Hampton v. Dilley

Citations

• 3 Idaho 427
• 31 P. 807
• 1892 Ida. LEXIS 37

Syllabus

<p>'Title to Office of Probate Judge — Legislative Act Changing Logan County to Lincoln County. — 1. H. was duly elected judge of the probate court of Logan county at the regular election held in 1890. The legislature, on March 3, 1891, and after H. had taken office under his said election, passed an act changing Logan county to Lincoln county. H. was appointed by the governor, under the provisions of the act of March 3, 1891, probate judge of Lincoln county. D., the defendant, and who was at the time clerk of the probate court of Logan county under H., was appointed by the commissioners of Logan county probate judge of said Logan county, said board refusing to recognize the act of March 3, 1891, as law.</p> <p>Act Creating Lincoln County Unconstitutional. — 2. The supreme court of the state declared the act of March 3, 1891, unconstitutional; thereupon H. demanded possession of said office of D. D. refused to deliver possession of the office to H., and H. brings this action to recover possession of the office. Held, H. was entitled to recover said office.</p> <p>(Syllabus by the court.)</p>