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STATE v. LARSON

No. 9116.

374 P.2d 484 (1962)

The STATE of Idaho ex rel. Roscoe C. RICH, Ernest F. Gaffney and Wallace C. Burns, Idaho Board of Highway Directors, Plaintiff, v. Evert W. LARSON, Auditor and Recorder for Kootenai County, Defendant.

Supreme Court of Idaho.

September 11, 1962.

Attorney(s) appearing for the Case

Andrew Harrington, Chief Legal Counsel for Dept. of Highways, Boise, for plaintiff.

William Regan, Pros. Atty. for Kootenai County, Coeur d'Alene, for defendant.

KNUDSON, Justice.

This is an original proceeding for a writ of mandate to compel the defendant, Evert W. Larson, as auditor and recorder for Kootenai County, to accept for filing or recording, without payment of the statutory fees, instruments such as deeds, releases of mortgages, subordination agreements, easements, etc., offered for recording by plaintiff in connection with the acquisition of rights of way or other lawful functions of plaintiff. Alternative writ...

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