James H. Fitzpatrick v. Claude W. Welch Book Reviews

James H. Fitzpatrick v. Claude W. Welch by Supreme Court of Idaho No. 11347 Book Summary

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 resignation from the office of Sheriff to the Board of County Commissioners of Kootenai County by a written document stating I hereby tender my resignation effective April 11, 1973. On March 8, 1973 the Board of County Commissioners received said document and accepted the resignation. The Board, however, allegedly changed the effective date of the resignation to April 9, 1973 for reasons having to do with county payroll periods. The Board's acceptance of appellant's resignation was communicated to the appellant both by letter and by telephone. The change of the effective date of the resignation to April 9, 1973 was allegedly agreed to by and between the appellant and the respondents. On March 14, 1973, appellant requested the respondent Board to withdraw and rescind his resignation. Respondents refused and advised appellant of their refusal. Thereafter appellant filed the instant action seeking an alternative writ of mandamus and prohibition to compel the respondent Board of County Commissioners to withdraw appellant's resignation and to also prohibit that Board from appointing a successor. In the record there is no showing of force or coercion upon the appellant to resign his office of Sheriff. The act was evidently the product of his own free decision.

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