Legal Opinion

State v. Gray

South Dakota Supreme Court

Decided June 6, 1911PublishedCited by 1 opinion

Appeal from Circuit Court, Stanley County. Hon. Lyman T. Boucher, Judge. Quo warranto by the State of South Dakota and John H. Fox against James E. Gray and Element L. Tomsik. Judgment •on the complaint ,and defendants appeal.

1Opinion of the CourtMcCOY, J.

It appears from the record that in Stamford township, Stanley county, two vacancies occurred in the board of township supervisors. One of said vacancies occurred in March, 1910, by reason of the failure of one Casper to qualify after elec-, tion. This vacancy was attempted to be filled by Fox and Whitfield, the remaining two supervisors, who, acting by themselves, without notice to the township justices of the peace, appointed defendant Gray to fill such vacancy. The other vacancy occurred in July, 1910, by the death of Whitfield, and was filled by Fox and Gray, acting as supervisors, who-…

2Cases cited2 opinions

  1. State v. KearnSupreme Court of Rhode Island · 1891
  2. People ex rel. Young v. CohnUtah Supreme Court · 1891

3Cited by1 opinion

  1. Lien v. ThomsonSouth Dakota Supreme Court · 1921

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