BOARD OF COUNTY COM. OF LEMHI COUNTY v. SWENSEN

No. 8666.

327 P.2d 361 (1958)

BOARD OF COUNTY COMMISSIONERS OF LEMHI COUNTY, Idaho, and Charles B. Kane, James W. Caples and Sam McKinney, constituting the members of said Board, Plaintiffs, v. Rulon SWENSEN, State Auditor of the State of Idaho, Defendant.

Supreme Court of Idaho.

July 1, 1958.


Attorney(s) appearing for the Case

Charles Herndon, Salmon, for plaintiffs.

Graydon W. Smith, Atty. Gen., J. R. Smead, Asst. Atty. Gen., for defendant.


McQUADE, Justice.

This is an original application for writ of mandate filed by the Board of County Commissioners of Lemhi County, Idaho, against the State auditor of the State of Idaho.

The State Legislature, by Senate Bill 41, approved March 22, 1957, Chapter 295, 1957 Session Laws, appropriated $35,000 from the Highway Fund, a dedicated fund, of the State of Idaho to the county treasurer of Lemhi County, Idaho, to be placed in a special fund and used as...

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