Legal Opinion
Kneip v. Herseth
South Dakota Supreme Court
Decided January 9, 1974No. File 11348PublishedCited by 78 opinions
1Opinion of the Court
ISSUE I
HALL, Circuit Judge.
On May 14, 1973, the plaintiff commenced a suit against the defendants under South Dakota’s Declaratory Judgment Act (SDCL 21-24). Plaintiff Governor Kneip, an announced candi*647date for the 1974 Democrat nomination for Governor, sought to have SDCL 12-6-2 declared unconstitutional and inapplicable to him in the 1974 primary and general elections.
Both defendants moved to dismiss for lack of jurisdiction and for failure to state a claim upon which relief may be granted. In their answer, the defendants contended that they would comply with the Constitution and laws of…
2Cases cited69 opinions
- Baker v. CarrSupreme Court of the United States · 1962
- Kusper v. PontikesSupreme Court of the United States · 1973
- Shreveport v. ColeSupreme Court of the United States · 1889
- Ervin v. CollinsSupreme Court of Florida · 1956
- Boe v. FossSouth Dakota Supreme Court · 1956
64 more not listed; retrieve them via the Exa API.
3Cited by78 opinions
- State v. CousanSupreme Court of Louisiana · 1996
- Simpson v. TobinSouth Dakota Supreme Court · 1985
- Poppen v. WalkerSouth Dakota Supreme Court · 1994
- Cummings v. MickelsonSouth Dakota Supreme Court · 1993
- State Ex Rel. Maloney v. McCartneyWest Virginia Supreme Court · 1976
73 more not listed; retrieve them via the Exa API.