State ex rel. Nicholson v. Ferguson
North Dakota Supreme Court
Appeal from District Court, Foster county; J. A. Coffey, J. From a judgment quashing an alternative writ of mandamus, plaintiffs appeal. No provision in law providing for the relief prayed for by relators. State ex rel. Laird v. Gang, 10 N. D. 331, 87 N. W. 5. Existence of a de facto corporation cannot be collaterally assailed. Coler & Co. v. Dwigbt School Twp. 3 N. D. 249, 28 L.R.A. 649, 55 N. W. 587; State ex rel.
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Appeal from District Court, Foster county; J. A. Coffey, J. From a judgment quashing an alternative writ of mandamus, plaintiffs appeal. No provision in law providing for the relief prayed for by relators. State ex rel. Laird v. Gang, 10 N. D. 331, 87 N. W. 5. Existence of a de facto corporation cannot be collaterally assailed. Coler & Co. v. Dwigbt School Twp. 3 N. D. 249, 28 L.R.A. 649, 55 N. W. 587; State ex rel. Laird v. Gang, 10 N. D. 331, 87 N. W. 5. Mandamus not a proper proceeding to compel exercise or discharge of an act or duty which is either judicial or discretionary in its…
1Opinion of the CourtFisk, J.
This is an appeal from a judgment of the district court of Foster county, refusing the issuance of a peremptory writ of mandamus as prayed for by relators, and dismissing relators’ alternative writ, with costs to respondents.
The facts are not in dispute and are in substance as follows:
At the time the alternative writ was issued, the respondents Ferguson, Ballard, and Zink were the duly elected, qualified, and acting county commissioners of such county, ■ and respondent Cain was the duly elected, qualified, and acting county superintendent of schools therein. That relators are resident…
2Cases cited2 opinions
- Wm. N. Coler & Co. v. Dwight School TownshipNorth Dakota Supreme Court · 1893
- State ex rel. Laird v. GangNorth Dakota Supreme Court · 1901
3Cited by2 opinions
- Sorenson v. TobiasonNorth Dakota Supreme Court · 1922
- Olson v. Coalfield School District No. 16 of Divide CountyNorth Dakota Supreme Court · 1925