State ex rel. Ayers v. Kipp
South Dakota Supreme Court
Original application for mandamus commanding defendant to deliver to relator Ms office as insurance commissioner, together with the books, papers, seal, etc., belonging thereto. The facts are stated in the opinion. A legislative act cannot be declared void unless it be shown by the attacking party, beyond a reasonable doubt, that it is in conflict with the state or national constitution. State v. Morgan, 2 S. D. 32; Cooley, Const.
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Original application for mandamus commanding defendant to deliver to relator Ms office as insurance commissioner, together with the books, papers, seal, etc., belonging thereto. The facts are stated in the opinion. A legislative act cannot be declared void unless it be shown by the attacking party, beyond a reasonable doubt, that it is in conflict with the state or national constitution. State v. Morgan, 2 S. D. 32; Cooley, Const. Lim. 175; Bridges v. Shalleross, 6 W. Va. 562, A distinction must be noted between those offices created by the Constitution and those created by the legislature.…
1Opinion of the CourtCorson, P. J.
The legislature, at its session in 1897, passed an act entitled ‘ ‘An act to provide for the creation of the office of commissioner of insurance, and defining the duties thereof,” which was approved March 5, 1897, and constitutes Chapter 69, Laws 1897. This act creates the office of commissioner of insurance, defines his duties, fixes his salary, and, by the fifth section; provides as follows: “The governor shall appoint by and with the consent of the senate a commissioner of insurance, who shall hold his office for a term of two years, unless sooner removed by him.” Under the provisions of…
2Cases cited7 opinions
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- Bridges v. ShallcrossWest Virginia Supreme Court · 1873
- People, Ex Rel. Gere v. . WhitlockNew York Court of Appeals · 1883
- Sill v. . the Village of CorningNew York Court of Appeals · 1857
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3Cited by20 opinions
- John A. Mitchell v. Bruce King, Governor of the State of New MexicoCourt of Appeals for the Tenth Circuit · 1976
- State Ex Rel. Oster v. JorgensonSouth Dakota Supreme Court · 1965
- Wentz v. ThomasSupreme Court of Oklahoma · 1932
- Beard v. BeardOregon Supreme Court · 1913
- In re DwyerSouth Dakota Supreme Court · 1926
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