State ex rel. Wiles v. Heinrich
North Dakota Supreme Court
Appeal from District Court, McIntosh County; Lauder, J. Application by the state, on the relation of George C. Wiles, for a writ of mandamus to Gottfried Heinrich and others, board of county commissioners of McIntosh county. Writ granted, and the board appeals. The remedy by mandamus is based exclusively on the necessity that may exist in extraordinary cases for the administration of a. specific remedy in order to obviate a failure of justice.
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Appeal from District Court, McIntosh County; Lauder, J. Application by the state, on the relation of George C. Wiles, for a writ of mandamus to Gottfried Heinrich and others, board of county commissioners of McIntosh county. Writ granted, and the board appeals. The remedy by mandamus is based exclusively on the necessity that may exist in extraordinary cases for the administration of a. specific remedy in order to obviate a failure of justice. The doctrine of necessity inheres in the remedy. It cannot properly be called into use unless it becomes necessary to apply it to the particular case…
1Opinion of the CourtYoung, J.
The defendants who constitute the board of county commissioners of McIntosh county, appeal from a judgment of the district court of said county awarding a peremptory writ of mandamus commanding them, as such board, to appropriate from the general fund of said county and pay to the relator the sum of $692 as and for money expended by him for clerical assistance in the office-of county superintendent of schools of said county. The relator bases his right to such appropriation and payment upon the following provision contained in § 652, Rev. Codes 1899: * * * In counties having sixty schools the…
2Cases cited8 opinions
- Atlantic Dock Co. v. . Mayor, Etc., N.Y. CityNew York Court of Appeals · 1873
- Moncrief v. ElyNew York Supreme Court · 1838
- Nichols & Shepard Co. v. StanglerNorth Dakota Supreme Court · 1897
- Bleakley v. WhiteNew York Court of Chancery · 1834
- Erickson v. Citizen's National BankNorth Dakota Supreme Court · 1899
3 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- State ex rel. Langer v. KositzkyNorth Dakota Supreme Court · 1918
- Daly v. BeeryNorth Dakota Supreme Court · 1920
- Rolette State Bank v. Rollete CountyNorth Dakota Supreme Court · 1928
- State ex rel. McCue v. LewisNorth Dakota Supreme Court · 1909
- Christ v. JohnstoneNorth Dakota Supreme Court · 1913
1 more not listed; retrieve them via the Exa API.