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PADGETT v. WILLIAMS

No. 8829.

348 P.2d 944 (1960)

Wm. R. PADGETT, Plaintiff, v. Joe R. WILLIAMS, State Auditor, Defendant.

Supreme Court of Idaho.

January 29, 1960.

Attorney(s) appearing for the Case

Wm. R. Padgett, Oscar W. Worthwine, Boise, for plaintiff.

Frank L. Benson, Atty. Gen., E. G. Elliott and Thomas Y. Gwilliam, Asst. Attys. Gen., for defendant.

TAYLOR, Chief Justice.

This is an original proceeding for writ of mandate to compel the defendant, Joe R. Williams, as state auditor, to issue a warrant chargeable against the appropriation made to the Idaho board of highway directors by Idaho Session Laws, 1959, Chap. 114, enacted by the 35th session of the legislature, in payment of plaintiff's salary as legal counsel to the board. Alternative writ was issued, to which defendant filed a demurrer and motion to quash...

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