Ponting v. Isaman

Citations

• 7 Idaho 283
• 62 P. 680
• 1900 Ida. LEXIS 47

Syllabus

<p>Appeal — Jurisdiction.—In a proceeding commenced by information under section 7459 of the Revised Statutes to remove a county officer, an appeal will lie on behalf of either the defendant or the informant, and in such case the supreme court has jurisdiction of the proceeding on appeal.</p> <p>Motion to Dismiss. — Motion to dismiss an appeal taken by tho informant from an order dismissing the proceeding on the ground that the supreme. court has no jurisdiction of such appeal, denied.</p> <p>Demurrer. — An information seeking to remove a county officer, on the ground that he had in numerous instances charged and collected illegal fees for services rendered by him, is not bad on demurrer on the ground that the information states several causes, of action.</p> <p>Removal op County Officer. — An information which charges that the defendant, as county commissioner, charged and collected per diem and mileage for services rendered by him in viewing roads and bridges, and that he did so knowingly, wilfully and corruptly, states good cause for removal of such officer under section 7459, of the Revised Statutes, and a demurrer to such information on the ground that the same does not state facts sufficient to constitute a cause of action should be overruled.</p> <p>(Syllabus by the court.)</p>