McDonald v. Nielson
North Dakota Supreme Court
From a judgment of the District Court of Burleigh County, Nuessle, J., plaintiff appeals. ....... . • - . - All the laws require of a state superintendent of public instruction is that he possesses the qualifications to enable him to properly and intelligently perform the duties of such office. State ex rel.
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From a judgment of the District Court of Burleigh County, Nuessle, J., plaintiff appeals. ....... . • - . - All the laws require of a state superintendent of public instruction is that he possesses the qualifications to enable him to properly and intelligently perform the duties of such office. State ex rel. Thompson v. McAllister, 38 W. Va. 485, 24 L.R.A. 343, 18 S. E. 770; Rogers v. Buffalo, 123 N. Y. 173, 25 N. E. 274, 9 L.R.A. 579; Darrow v. People, 8 Colo. 420; State v. Covington, 29 Ohio St. 102; Enge v. Cass, 28 N. D. 219. The Constitution is not a grant of authority so far as the…
1Opinion of the Court
Christianson, Ch. J.
This is an action in the nature of quo warranto. It involves the title to the office of superintendent of public instruction of the state of North Dakota.
The plaintiff, McDonald, was elected to the office of superintendent of public instruction at the general election held in November, 1916. His term ended on January 5, 1919. The plaintiff and the defendant were opposing candidates for the office of superintendent of public instruction at the election held in November, 1918, with the result that the defendant received 5,547 more votes than the plaintiff. The state board of…
2Cases cited7 opinions
- Kimball v. School District No. 122Washington Supreme Court · 1900
- State ex rel. Langer v. McDonaldNorth Dakota Supreme Court · 1919
- VanDorn v. AndersonIllinois Supreme Court · 1905
- Union School District No. 6 v. SterrickerIllinois Supreme Court · 1877
- Doyle v. School DirectorsAppellate Court of Illinois · 1890
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
- State Ex Rel. Pape v. HockettWyoming Supreme Court · 1945
- Halstead v. Missouri Slope Land & Investment Co.North Dakota Supreme Court · 1922
- Simpson County Board of Education v. BradleyCourt of Appeals of Kentucky (pre-1976) · 1933
- Wendt v. WallerNorth Dakota Supreme Court · 1920