State ex rel Tompton v. Denoyer
North Dakota Supreme Court
Appeal from District Court, Benson County; Morgan, J. Application by the State of North Dakota, on the relation of Arthur Tompton and others, for a writ of mandamus to David Denoyer and others, county commissioners of Benson county. Judgment for plaintiff awarding peremptory writ of mandamus and defendants appeal. The people of the state have disclaimed all right and title to all lands owned or held by any Indian or Indian tribes within the state. Subdivision 2, § 4, Enab.
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Appeal from District Court, Benson County; Morgan, J. Application by the State of North Dakota, on the relation of Arthur Tompton and others, for a writ of mandamus to David Denoyer and others, county commissioners of Benson county. Judgment for plaintiff awarding peremptory writ of mandamus and defendants appeal. The people of the state have disclaimed all right and title to all lands owned or held by any Indian or Indian tribes within the state. Subdivision 2, § 4, Enab. Act. Subdivision 2, § 203 Const. The allotment of lands in the reservation has not terminated the tribal relations of the…
1Opinion of the CourtBartholomew, J.
The relators herein are Indians or persons of Indian descent. The defendants are the county commissioners of Benson county, in this state. Relators applied to the proper District Court, by petition, for a writ of mandamus requiring the defendants to establish a voting precinct for certain described territory. The alternative writ was issued, and upon the return day the defendants appeared and made answer. The matter was submitted to the District Court upon stipulated facts, and on *589such facts the court issued its peremptory writ, requiring the defendants to establish a voting precinct at a…
2Cases cited11 opinions
- United States v. KagamaSupreme Court of the United States · 1886
- United States v. McBratneySupreme Court of the United States · 1882
- Draper v. United StatesSupreme Court of the United States · 1896
- Utah & Northern Railway v. FisherSupreme Court of the United States · 1885
- Beck v. Flournoy Live-Stock & Real-Estate Co.Court of Appeals for the Eighth Circuit · 1894
6 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- Morris v. Executors of CainSupreme Court of Louisiana · 1887
- Miller v. SchallernNorth Dakota Supreme Court · 1899
- State v. Columbia GeorgeOregon Supreme Court · 1901
- Red Hawk v. JoinesOregon Supreme Court · 1929
- State v. LohnesNorth Dakota Supreme Court · 1955
13 more not listed; retrieve them via the Exa API.