Legal Opinion · Dissent

State ex rel. Kriebs v. Halladay

South Dakota Supreme Court

Decided April 10, 1928No. File No. 6668Published

1DissentCampbeee, J.

I concur for the most part in the legal propositions promulgated in the foregoing opinion, but I have grave doubts as to- the jurisdiction of this court over this original proceeding. In view of the fact that a majority of this court, by concurring in an opinion adjudicating this cause upon the merits, have of necessity held by direct implication that this court has jurisdiction, it is with a considerable degree of hesitation and reluetancy that I now advance my own view to the effect that this court is entirely lacking in jurisdiction of original proceedings in the nature of quo warranto.…

2Cases cited21 opinions

  1. State v. GleasonSupreme Court of Florida · 1868
  2. State ex rel. Adams v. HerriedSouth Dakota Supreme Court · 1897
  3. State ex rel. McGee v. GardnerSouth Dakota Supreme Court · 1893
  4. State v. LeathermanSupreme Court of Arkansas · 1881
  5. Everitt v. Board County CommissionersSouth Dakota Supreme Court · 1890

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