People ex rel. Gorman v. Havird

Citations

• 2 Idaho 531
• 25 P. 294
• 1889 Ida. LEXIS 22

Syllabus

<p>Action to Thy Title to Office — Legal, not Equitable. — An action under act of January 30, 1885, to try title to an office, to which there are several claimants is one of legal and not of equitable cognizance. The issues in such action or proceeding are legal ones, and the trial of such issues by a jury is a constitutional right of the party.</p> <p>Act Unconstitutional. — That part of section 536 of said act providing that actions of this nature “shall be tried by the judge of the district court at chambers,” and without the intervention of a jury,” held, to be unconstitutional and void.</p> <p>(Syllabus by the court.)</p>