Jenness v. Clark
North Dakota Supreme Court
Appeal from District Court, Oliver county; W. C. Crawford, J. From a judgment in defendant’s favor, plaintiff appeals. Candidate for county superintendent must hold certificate of highest •county grade. Sec. 150 N. D. Const. Rev. Codes 1905, § 778; Laws of 1907, chap. 95; Taylor v. Sullivan, 45 Minn. 309, 11 L.R.A. 272, :22 Am. St. Rep. 729, 47 N. W. 802. A county superintendent can hold the office until a duly qualified ^successor is elected and qualified.
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Appeal from District Court, Oliver county; W. C. Crawford, J. From a judgment in defendant’s favor, plaintiff appeals. Candidate for county superintendent must hold certificate of highest •county grade. Sec. 150 N. D. Const. Rev. Codes 1905, § 778; Laws of 1907, chap. 95; Taylor v. Sullivan, 45 Minn. 309, 11 L.R.A. 272, :22 Am. St. Rep. 729, 47 N. W. 802. A county superintendent can hold the office until a duly qualified ^successor is elected and qualified. Section 764, Revised Codes 1905; State ex rel. Bickford v. Fabrick, 16 N. D. 94, 112 N. W. 74; Taylor •v. Sullivan, 45 Minn. 309, 11…
1Opinion of the CourtFisk, J.
Appellant brought this action under the provisions o£ chapter 25, Code of Civil Procedure (Rev. Codes 1905, §§ 7349 et. seq.), to try title to the office of superintendent of schools of Oliver county. Defendant demurred to the complaint upon the ground that the same does not state facts sufficient to constitute a cause of action,, which demurrer was sustained, and plaintiff electing to stand on the complaint, judgment in defendant’s favor was entered, from which) *153judgment this appeal is prosecuted. The ground on which the trial' court sustained such demurrer is not disclosed, but the…
2Cases cited13 opinions
- Taylor v. SullivanSupreme Court of Minnesota · 1891
- Gracey v. City of St. LouisSupreme Court of Missouri · 1908
- State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895
- People ex rel. Drew v. RodgersCalifornia Supreme Court · 1897
- State ex rel. McGuyer v. HuffIndiana Supreme Court · 1909
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3Cited by6 opinions
- Enge v. CassNorth Dakota Supreme Court · 1914
- Clark v. WonnacottIdaho Supreme Court · 1917
- Nielsen v. NeuharthNorth Dakota Supreme Court · 1983
- Tallmadge v. WalkerNorth Dakota Supreme Court · 1916
- State Ex Rel. Foughty v. FriederichNorth Dakota Supreme Court · 1961
1 more not listed; retrieve them via the Exa API.