State ex rel. Faussett v. Harris
North Dakota Supreme Court
PPEAL from district court, Ransom county; Hon. W. S. Lauder, Judge. Writ of mandamus granted the plaintiff, and defendant appeals. argued: That the revenue law of 1890 abolished the office of county assessor; created the office of district assessor; as soon as the act went into effect there was a vacancy in the office of district assessor, which could be filled by appointment: Mechem on Public Officers, § 132; Driscoll v. Jones, 44 N. W. Rep. 726; People v. Eisher, 24 Wend.…
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PPEAL from district court, Ransom county; Hon. W. S. Lauder, Judge. Writ of mandamus granted the plaintiff, and defendant appeals. argued: That the revenue law of 1890 abolished the office of county assessor; created the office of district assessor; as soon as the act went into effect there was a vacancy in the office of district assessor, which could be filled by appointment: Mechem on Public Officers, § 132; Driscoll v. Jones, 44 N. W. Rep. 726; People v. Eisher, 24 Wend. 219, and that the revenue law was not in this particular in conflict with section 10 of the schedule of the state…
1Opinion of the CourtCorliss, C. J.
A peremptory writ of mandamus having been awarded the relator in the trial court, defendants bring the case before this court by appeal. Relator was county assessor of Ransom county at the time of the adoption of the constitution of this state. His term of office as fixed by the territorial laws would not expire until January, 1891. On the 18th day of April, 1890, the board of county commissioners of Ransom county, claiming to act under the provisions of § 30, of the revenue law, approved March 11, 1890, appointed district assessors for each of the five commissioner districts of that county;…
2Cases cited6 opinions
- Stocking v. StateIndiana Supreme Court · 1855
- State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- Driscoll v. JonesSouth Dakota Supreme Court · 1890
- Rosborough v. BoardmanCalifornia Supreme Court · 1885
1 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Ex parte CorlissNorth Dakota Supreme Court · 1907
- State v. HagertyNorth Dakota Supreme Court · 1998
- Runge v. GlerumNorth Dakota Supreme Court · 1917
- Taylor v. State of IdahoIdaho Supreme Court · 1941