Legal Opinion

State ex rel. Johnson v. Ely

North Dakota Supreme Court

Decided September 3, 1912PublishedCited by 12 opinions

Appeal by relators from an order of tbe- District Court for Burke County, Templeton, J., refusing to issue a writ of mandamus to compel defendants to canvass tbe votes of omitted precincts. Burke county was organized in July, 1910, from territory theretofore a part of Ward county. At tbe general election held November 8, 1910, tbe question of a permanent county seat was submitted to tbe electors.

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Appeal by relators from an order of tbe- District Court for Burke County, Templeton, J., refusing to issue a writ of mandamus to compel defendants to canvass tbe votes of omitted precincts. Burke county was organized in July, 1910, from territory theretofore a part of Ward county. At tbe general election held November 8, 1910, tbe question of a permanent county seat was submitted to tbe electors. Tbe defendants constitute tbe canvassing board of Burke county, and tbey duly convened as sucb after sucb election, as required by law. Tbe vote on tbe county-seat. question, as canvassed by them,…

1Opinion of the Court

Spalding, Oh. J.

(after stating the facts). It is -unnecessary to enter into details regarding the objection to evidence offered and the exceptions taken to rulings of the court thereon, as they all center around the general proposition which we shall discuss briefly.

1. The relators were seeking to have the votes of these townships canvassed and included in the result of the election. They applied to the court to compel such action on the part of the canvassing board, and the court held that the issuance of a writ of mandamus was an act of judicial discretion, and that he might take testimony…

2Cases cited16 opinions

  1. Bank of United States v. DandridgeSupreme Court of the United States · 1827
  2. Nofire v. United StatesSupreme Court of the United States · 1897
  3. People Ex Rel. Wood v. Board of Assessors & Collector of TaxesNew York Court of Appeals · 1893
  4. State ex rel. Mitchell v. StevensSupreme Court of Kansas · 1880
  5. State ex rel. Davis v. WillisNorth Dakota Supreme Court · 1910

11 more not listed; retrieve them via the Exa API.

3Cited by12 opinions

  1. Fargo Ed. Ass'n v. PaulsenNorth Dakota Supreme Court · 1976
  2. Kerlin v. City of Devils LakeNorth Dakota Supreme Court · 1913
  3. Wilson v. BlakeCalifornia Supreme Court · 1915
  4. State ex rel. Kopriva v. LarsonNorth Dakota Supreme Court · 1922
  5. State ex rel. Minehan v. ThompsonNorth Dakota Supreme Court · 1912

7 more not listed; retrieve them via the Exa API.

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