Legal Opinion · Concurrence

State ex rel. Lavin v. Bacon

South Dakota Supreme Court

Decided February 27, 1901Published

Original quo warranto procedings by the State of South Dakota, bv John L. Pyle, attorney general, on the relation of J. D. Lavin and another, against J. H. Bacon and another. The facts are stated in the opinion. At the common law the attorney general had the right, ex-oíñcio, to sue out a writ of quo waranto, or to bring an, information in the nature of a quo waranto on behalf of the sovereign without leave of court, it being a writ of right for the sovereign. 17 Ency.

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1Concurrence

Fuuwír, P. J.

(Concurring.) Being doubtful as to my ability to add anything particularly instructive to the foregoing opinion, sustained as it is by the former decisions of this court, I should concur without comment or further citation of authority, were it not for the fact that counsel for the relators most zealously maintains that . the statute places no restriction upon the right of a commissioner to hold the office after the expiration of his term. A careful examination of all the law upon which the decisions rendered by the courts of this country are based, discloses, in almost every…

2Cases cited4 opinions

Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
People on rel. Morton v. TiemanNew York Supreme Court · 1859
Stockton ex rel. Smith v. ReganSupreme Court of New Jersey · 1891
State v. Board of Chosen FreeholdersSupreme Court of New Jersey · 1899