Joy v. Gifford

Citations

• 22 Idaho 301
• 125 P. 181
• 1912 Ida. LEXIS 11

Syllabus

<p>Certificate or Nomination — Primary Ejection — Election or District Judge — Eilling Vacancy.</p> <p>(Syllabus by the court.)</p> <p>1. Under the provisions of sec. 3 of the act of the legislature, approved January 19, 1911 (Sess. Laws, 1911, p. 4), authorizing the appointment of an additional judge for the third judicial district “to hold office until the next general election for district judges and until Ms successor is elected and qualified”; held, that where the first appointee of the governor resigned his office before the next general election, and the governor made another and further appointment to fill the vacancy, such subsequent appointee takes the office subject to the same provisions as the original appointee, and ■will be entitled “to hold the office until the next general election for district judges and until his successor is elected and qualified.”</p> <p>2. As to whether or not an appointee to fill a vacancy in the office of district judge, where the judge had been duly and regularly elected under the general statute, would hold the office until the next general election for district judges or only until the next general biennial election for the election of state and county officers generally, quaere.</p>