Rice v. Gwinn

Citations

• 5 Idaho 394
• 49 P. 412
• 1897 Ida. LEXIS 32

Syllabus

<p>Mayoe must Sign Warrant Ordered Issued by Council. — Where the council of a city organized under the “act for the organization of cities and villages” (3d Sess. Laws of Idaho), have passed upon and allowed a claim against such city, and ordered a warrant upon the city treasury to issue for the amount thereof, it is the duty of the mayor, on the presentation of such warrant to him for that purpose, to sign the same, and the performance of such duty may be enforced by mandamus.</p> <p>Council Authorized to Employ Counsel to Protect Its Interests.— When an exigency arises involving the corporate existence of a city, and such city finds itself without an attorney, it is within the powers of the mayor and council of such city to employ counsel to protect its interests in such contingency, and their action therein will not be defeated on account of a failure to comply with all the technical details incident to the employment of counsel in ordinary cases.</p> <p>(Syllabus by the court.)</p>