Legal Opinion

Burke v. Schmidt

South Dakota Supreme Court

Decided October 27, 1971No. File 11001PublishedCited by 13 opinions

1Opinion of the Court

ORIGINAL ACTION

BIEGELMEIER, Presiding Judge.

This is an original action in the nature of quo warranto to determine the rights of two members of the Board of Regents.1 From the stipulated facts it appears plaintiffs were appointed members of the State Board of Regents by Governor Nils A. Boe after his inauguration January 5, 1965. Plaintiff Burke filed his oath of office on January 13, 1965, and plaintiff Witt on January 15, 1965. Their predecessors having ceased to act, plaintiffs attended Board meetings and acted as Regents at four meetings prior to February 9th when they were confirmed by…

2Cases cited10 opinions

  1. McChesney v. Sampson, GovernorCourt of Appeals of Kentucky (pre-1976) · 1930
  2. State Ex Rel. Todd v. EsslingSupreme Court of Minnesota · 1964
  3. State Ex Rel. Johnson v. HagemeisterNebraska Supreme Court · 1955
  4. State Ex Rel. Reynolds v. SmithWisconsin Supreme Court · 1964
  5. State ex rel. Kriebs v. HalladaySouth Dakota Supreme Court · 1928

5 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Cummings v. MickelsonSouth Dakota Supreme Court · 1993
  2. Burns v. KurtenbachSouth Dakota Supreme Court · 1982
  3. In Re GovernorshipCalifornia Supreme Court · 1979
  4. Cook v. BotelhoAlaska Supreme Court · 1996
  5. State ex rel. Schmidt v. Governor KellySupreme Court of Kansas · 2019

8 more not listed; retrieve them via the Exa API.

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