State ex rel. Theurer v. Heberlein
South Dakota Supreme Court
Original petition in the Supreme 'Court by the State, on the relation .of E.i E. Theurer, against W. J. Heberlein, as Mayor of the 'City of Wessington Springs, and others, for a writ of mandamus to compel the city 'commission to canvass and declare the result of a special election to determine whether or not the city would incorporate under the general law. Defendants cited: Pol.
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Original petition in the Supreme 'Court by the State, on the relation .of E.i E. Theurer, against W. J. Heberlein, as Mayor of the 'City of Wessington Springs, and others, for a writ of mandamus to compel the city 'commission to canvass and declare the result of a special election to determine whether or not the city would incorporate under the general law. Defendants cited: Pol. Code, Secs. 1170, 1171, 1172, 1292; Tuntland v. Noble,'30 S. D. 145; Hug-hes v. ITill, 30 S. D. 255; Talcott v. Philhrook, 10 L. R- A. 150.
1Opinion of the CourtPollby, J.
On the 20th day of April, 1915, the city of Wessington Springs, a city existing under the commission form of government, pursuant to a resolution and notice to that effect, held a special election to determine whether or not the city would *61incorporate under the general law of the state for the incorporation of cities. At such election, a large majority of those voting-voted in the affirmative, but the city commission declared said' election to be null and void, and refused to canvass said vote or to declare the result thereof, for the reasons, as stated in a resolution adopted by said…
2Cases cited3 opinions
- Gomez v. TimonCourt of Appeals of Texas · 1910
- Tuntland v. NobleSouth Dakota Supreme Court · 1912
- Hughes v. HillSouth Dakota Supreme Court · 1912