Legal Opinion · Dissent

Kneip v. Herseth

South Dakota Supreme Court

Decided January 9, 1974No. File 11348Published

1DissentWinans, Justice

I concur in the Court’s holding that the plaintiff is entitled to a declaratory judgment, and the requisite jurisdiction exists for the plaintiff to maintain this action. In this regard I agree with the trial court in its citation of Ervin v. Collins, 1956, Fla., 85 So.2d 852, in which the court there says, “When the public interest is involved a more liberal rule governs who may appropriately bring an action of this kind and prosecute it to this court, if need be.” I believe the public interest doctrine is fulfilled because whatever concerns the office of Governor is of public interest.

The…

2Cases cited20 opinions

  1. Snowden v. HughesSupreme Court of the United States · 1944
  2. Ray v. BlairSupreme Court of the United States · 1952
  3. Ervin v. CollinsSupreme Court of Florida · 1956
  4. People Ex Rel. Kell v. KramerIllinois Supreme Court · 1928
  5. Francis v. SturgillCourt of Appeals of Kentucky · 1915

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