Legal Opinion

State ex rel. Card v. Gray

South Dakota Supreme Court

Decided March 25, 1921No. File No. 4864PublishedCited by 2 opinions

Original action by the State of South Dakota, on the relation of James Card, against C. E. Gray, Mayor of Rapid City, 'South Dakota, John D. Newcomer and others,-as City Commissioners of Rapid City, South Dakota, and J. H. Mathias, City Auditor- of said Rapid City, to have two City Manager elections held' in Rapid City declared null and void, and to enjoin defendants from issuing certificates of election to Commissioners alleged to have been elected under City - Manager law.

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Original action by the State of South Dakota, on the relation of James Card, against C. E. Gray, Mayor of Rapid City, 'South Dakota, John D. Newcomer and others,-as City Commissioners of Rapid City, South Dakota, and J. H. Mathias, City Auditor- of said Rapid City, to have two City Manager elections held' in Rapid City declared null and void, and to enjoin defendants from issuing certificates of election to Commissioners alleged to have been elected under City - Manager law. (2) To point two of the opinion, Plaintiff cited: Toohey v. Burnside, 40 S. D. 579. (3) To point three, Plaintiff…

1Opinion of the CourtGAiTBS, J.

This is an original action, in which it is sought to have two elections held in -Rapid City under the provisions of sections 6231 and 6234, Rev. Code 1919, declared null and void, and to enjoin the defendants, among other things, from issuing certificates of election to the nine, commissioners said’ to have been elected -under the latter section. 'Sections 6231-6234, Rev. Code 1919, being article 7, c. 3, pt. 8, tit. 6, of the -Revised Code, embrace what is commionly called’the City Manager Law.

[1] It is urged that this law violates Const, art. 3, § 21, in that it embraces more than one…

2Cases cited6 opinions

  1. Street v. Farmers' Elevator Co.South Dakota Supreme Court · 1914
  2. State ex rel. Kronschnabel v. IsenhuthSouth Dakota Supreme Court · 1914
  3. State v. DeversSouth Dakota Supreme Court · 1913
  4. J. P. Schaller & Co. v. Canistota Grain Co.South Dakota Supreme Court · 1913
  5. State v. HornerSouth Dakota Supreme Court · 1915

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3Cited by2 opinions

  1. City of Rapid City v. RenschSouth Dakota Supreme Court · 1958
  2. Mitchell v. HerremanSouth Dakota Supreme Court · 1950

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