De Lano v. Board of Com'rs of Logan County
Decision Date | 14 February 1894 |
Citation | 35 P. 841,4 Idaho 83 |
Parties | DELANO v. BOARD OF COUNTY COMMISSIONERS, LOGAN COUNTY |
Court | Idaho Supreme Court |
EVIDENCE-MATERIALITY OF TESTIMONY.-Affidavit of defendant under section 8151, as amended in Second Session Laws of Idaho, page 20, should state what defendant expects to prove by such witnesses in order that court may judge of materiality of testimony.
JUDICIAL FUNCTIONS-AUTHORITY OF JUDGE AT CHAMBERS.-Courts can exercise judicial functions only at such times and places as are fixed by law, and judges of courts can enter no order in vacation except such as are expressly authorized by statute.
(Syllabus by the court.)
APPEAL from District Court, Logan County.
Judgment reversed. Costs awarded to appellant.
H. S Hampton, for Appellant.
This case involves the construction of a new and somewhat ambiguous law, viz., an amendment to section 8151 of the Revised Statutes of Idaho found on page 20 of the Second Session Laws of Idaho. The judge does not possess the powers of the court, and can only "exercise, out of court, all the powers expressly conferred upon the judge, as contradistinguished from the court." (Idaho Rev. Stats sec. 3910; 12 Am. & Eng. Ency. of Law, 14; Larco v Casaneuava, 30 Cal. 561; Norwood v. Kenfield, 34 Cal. 329; Bond v. Pacheco, 30 Cal. 530.) It is essential that the judicial power whether exercised by the courts, or the judges thereof, should repose upon clear provisions of law. (Wallace v. Helena Electric Ry Co., 10 Mont. 24, 24 P. 626, 25 P. 278; Washington etc. Co., v. Coeur d'Alene Ry. etc. Co., 3 Idaho 263, 28 P. 394.)
P. M. Bruner, for Respondent.
No brief filed.
At the May term, 1893, A. W. Tyler and W. J. Elder were indicted for the crime of robbery. On the fifth day of May, 1893, defendant Elder made the following affidavit, to wit:
A. W. TYLER and W. J. ELDER, Defendants.
"State of Idaho,
County of Logan. ss.
On the nineteenth day of May, 1893, the judge of the district court, at chambers, made the following order:
Among those summoned by virtue of said order was one E. O. Glenn, who, with the others, served, as aforesaid, two days as such witness for the defendant, and traveled one mile, and received a certificate from the clerk of said court for such attendance and mileage for the sum of four dollars and twenty-five cents. Said certificate was assigned to plaintiffs herein, and by them presented to the board of commissioners of Logan county for allowance. The board refused to allow the same. Upon this statement of facts an agreed case was submitted to the district court, to determine whether said fees were a legal charge against Logan county. On said submission the court, sitting without a jury, made the following conclusions of law:
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Baldwin v. Anderson, 5783
... ... Ada County. Hon. Charles F. Koelsch, Judge ... Defendant, ... void. (C. S., sec. 6493; Delano v. Board of Commrs., ... 4 Idaho 83, 35 P. 841; Elledge v ... ...
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Elledge v. Arterberry
...or during vacation has only such power and authority as are expressly granted by the Constitution or statute. De Lano et al. v. Board of Com., 4 Idaho 83, 35 P. 841; Browne et al. v. E. & M. Lumber Co., 44 Neb. 361, 62 N.W. 1070; 23 Cyc. 544. The statute authorizes the court to make such or......