Tallmadge v. Walker
North Dakota Supreme Court
Appeal from the District Court, Hettinger County, W. G. Grawford, L From a judgment in defendants’ favor, plaintiffs appeal. Unless these proceedings can be inquired into in an action or proceeding in the nature of quo warranto, the plaintiffs are without remedy; and where this remedy is available, it has been held there is no concurrent remedy in equity, unless by statutory provision. Comp. Laws 1913, §§ 1147, 3298; 32 Cyc. 1415, 1424, 23 Am. & Eng. Enc.
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Appeal from the District Court, Hettinger County, W. G. Grawford, L From a judgment in defendants’ favor, plaintiffs appeal. Unless these proceedings can be inquired into in an action or proceeding in the nature of quo warranto, the plaintiffs are without remedy; and where this remedy is available, it has been held there is no concurrent remedy in equity, unless by statutory provision. Comp. Laws 1913, §§ 1147, 3298; 32 Cyc. 1415, 1424, 23 Am. & Eng. Enc. Law, 2d ed. 637; State ex rel. Walker v. McLean County, 11 N. D. 356, 92 N. W. 385; Atlee v. Wexford County, 94 Mich. 562, 54 N. W. 380;…
1Opinion of the Court
Fisk, Ch. J.
This is an action in the nature of quo warranto to inquire into the validity of certain proceedings whereby an alleged new school district was organized out of a portion of New England School District Number Nine of Hettinger County, and to inquire into the right of certain of the defendants to exercise the rights, duties, or franchises appertaining to the office of directors and treasurer of such pretended new district.
Defendants demurred to the complaint upon the following grounds:
“First. That the court has no jurisdiction of the person of the defendants, or the subject matter…
2Cases cited16 opinions
- Painter v. PainterOhio Supreme Court · 1849
- State v. FlemingSupreme Court of Missouri · 1900
- The People v. . CarpenterNew York Court of Appeals · 1861
- People ex rel. Weber v. City of Spring ValleyIllinois Supreme Court · 1889
- People ex rel. Saunier v. StrattonSupreme Court of Colorado · 1905
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3Cited by2 opinions
- Cathay Special School District No. 3 v. Wells CountyNorth Dakota Supreme Court · 1962
- Tallmadge v. WeberNorth Dakota Supreme Court · 1916