70 P. 945 | Idaho | 1902
— This is an original proceeding in this court for a writ of mandate to Edgar Meek, clerk of the district court, and ex-officio auditor and recorder of Canyon county,
The answer puts in issue some of the facts alleged in the complaint, but the case was submitted on the demurrer to the complaint. Although the demurrer specifies some particulars in which the complaint fails to state a cause of action, it is a general demurrer. It is contended that said declination was not offered for filing in the time required by law, and upon that point counsel for defendant cites Session Laws of 1899, page 37, section 24. Said section reads as follows: “Whenever any person nominated for public office, as in this act provided,
The defendant did not err in refusing to file said declination, nor in refusing to file the certificate showing the nomination of
Said writ must be denied, and it is so ordered. Costs are awarded to the defendant.