FITZPATRICK v. WELCH

No. 11347.

527 P.2d 313 (1974)

96 Idaho 280

James H. FITZPATRICK, Plaintiff-Appellant, v. Claude W. WELCH, Chairman, et al., Defendants-Respondents.

Supreme Court of Idaho.

October 7, 1974.


Attorney(s) appearing for the Case

W.W. Nixon and James F. Lyons, Nixon, Nixon & Lyons, Coeur d'Alene, for plaintiff-appellant.

Gary M. Haman, Kootenai Co. Pros. Atty., Coeur d'Alene, for defendants-respondents.


SHEPARD, Chief Justice.

This is an appeal from a judgment quashing an alternative writ of mandamus and prohibition, denying the issuance of a permanent writ and declaring the office of Sheriff of Kootenai County, Idaho to be vacant. We affirm.

Petitioner-appellant was elected Sheriff of Kootenai County, Idaho in the general election of November, 1972. He assumed the duties of such office on January 8, 1973. On March 8, 1973, appellant submitted a purported...

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