Winter v. Davis

4 Citing cases

  1. White v. Young

    88 Idaho 188 (Idaho 1964)   Cited 5 times

    Ariel L. Crowley, Idaho City, for defendant. Plaintiff is unlawfully deprived of the books, records, papers and documents of his office as Probate Judge of Boise County, Idaho. Tway v. Williams, 81 Idaho 1, 336 P.2d 115; Clark v. Wonnacott, 30 Idaho 98, 162 P. 1074; Winter v. Davis, 65 Idaho 696, 152 P.2d 249; Budge v. Gifford, 26 Idaho 521, 144 P. 333. No vacancy existed between November 3, 1964 and the second Monday in January, 1965, for which the plaintiff below could be elected.

  2. Moon v. Masters

    247 P.2d 158 (Idaho 1952)   Cited 1 times

    The next succeeding term of the office of State Treasurer is fixed by Article IV, Section 1, Constitution of Idaho. That term will commence on the first Monday of January, 1955. Constitution of Idaho, Article IV, § 1; Keenan v. Price, 1948, 68 Idaho 423, 195 P.2d 662. There is no vacancy in the office of State Treasurer to be filled at the elections which will be held in the year 1952. Constitution of Idaho, Article IV, §§ 1 and 6; Budge v. Gifford, 1914, 26 Idaho 521, 530, 144 P. 333; Winter v. Davis, 65 Idaho 696, 152 P.2d 249; Joy v. Gifford, 1912, 22 Idaho 301, 306, 125 P. 181; Knight v. Trigg, 1909, 16 Idaho 256, 100 P. 1060; Answer and Return, Paragraph X. THOMAS, Justice.

  3. Ausman v. State

    124 Idaho 839 (Idaho 1993)   Cited 32 times
    In Ausman, Ausman's driver's license was seized when he refused to submit to a blood alcohol test after being arrested on suspicion of DUI. Ausman retained an attorney, but the attorney failed to file a timely request for a show cause hearing and Ausman's driving privileges were consequently suspended.

    This is a ministerial act as opposed to a discretionary or judicial one. See Wyckoff v. Board of County Commrs. of Ada County, 101 Idaho 12, 14, 607 P.2d 1066, 1068 (1980); Saviers v. Richey, 96 Idaho 413, 415, 529 P.2d 1285, 1287 (1974); Winter v. Davis, 65 Idaho 696, 709-10, 152 P.2d 249, 254 (1944). In contrast, I.R.C.P. 60(b)(1) is a general rule of civil procedure by which a court, upon motion and such terms that are just, exercises its discretion to relieve a party of a judgment for either mistake, inadvertence, surprise, or excusable neglect. It is not specific as to what kinds of mistake, inadvertence, surprise or excusable neglect must be shown in order for the moving party to be granted relief by the court.

  4. Tway v. Williams

    336 P.2d 115 (Idaho 1959)   Cited 11 times

    The foregoing mentioned case has been repeatedly discussed and cited with approval and is controlling in this case. Winter v. Davis, 65 Idaho 696, 152 P.2d 249; Moon v. Masters, 73 Idaho 146, 247 P.2d 158. It is urged by plaintiff that by virtue of his election on August 12, 1958 and in the absence of an appointment filling the office, he was entitled to file his oath and take office. Plaintiff predicates such right upon the provisions of sec. 59-909, I.C., which provides: