Farnham v. Colman
South Dakota Supreme Court
Appeal from circuit court, Lawrence county; Hon. W. G. Rice, Judge. Mandamus proceedings by Eli P. Farnham and another against Nathan Colman, as justice of the peace within and for Lawrence county. Prom an order quashing the alternative. writ, plaintiffs appeal.
1Opinion of the CourtPuller, J.
This appeal is from an order of the circuit court quashing an alternative writ of mandamus issued thcre-*344from against a justice of the peace engaged in conducting a preliminary examination under an information charging appellants with the crime of murder. In the alternative form the writ commanded the respondent magistrate to compel the state’s attorney, William H. Parker, by punishment for contempt, to produce at the hearing certain statements or dying declarations pursuant to a previously served subpoena duces tecum which the witness, though called, sworn, and examined, had refused to obey.…
2Cases cited7 opinions
- Matlock, Miller & Dycus v. SmithTexas Supreme Court · 1903
- Ex Parte BurtisSupreme Court of the United States · 1881
- Montgomery v. PalmerMichigan Supreme Court · 1894
- State v. BeldingOregon Supreme Court · 1903
- In re MasonDistrict Court, D. Minnesota · 1890
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3Cited by7 opinions
- Strauss v. CostelloNorth Dakota Supreme Court · 1915
- Brooks v. SturdivantSupreme Court of Georgia · 1933
- Janklow v. TalbottSouth Dakota Supreme Court · 1975
- Henning v. YoungNevada Supreme Court · 1965
- Payne v. Warden, Nevada State PrisonNevada Supreme Court · 1969
2 more not listed; retrieve them via the Exa API.