Holtan v. Beck
North Dakota Supreme Court
Appeal from District Court, McLean county; W. II. Winchester, J. Civil action by Gilbert Holtan against John A. Beck for the purpose of obtaining the remedy formerly obtainable by the writ of quo warranto in trying the opposing claims of plaintiff and defendant to the office of sheriff of McLean county. A judgment was entered declaring the plaintiff entitled to the office, and ousting defendant, from which judgment defendant appeals.
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Appeal from District Court, McLean county; W. II. Winchester, J. Civil action by Gilbert Holtan against John A. Beck for the purpose of obtaining the remedy formerly obtainable by the writ of quo warranto in trying the opposing claims of plaintiff and defendant to the office of sheriff of McLean county. A judgment was entered declaring the plaintiff entitled to the office, and ousting defendant, from which judgment defendant appeals. When causes creating a vacancy arise, it exists regardless of the action of the board. Lev. Codes, § 422; 29 Cyc. Law & Proc. p. 1401, cases cited, note 44;…
1Opinion of the CourtEllsworth, J.
This appeal arises out of a civil action brought under the provisions of chapter 25 of the Code of Civil Procedure for the purpose of trying, as formerly under the writ of quo warranto, the opposing claims of plaintiff and defendant to the office of sheriff of McLean county. The plaintiff (respondent here) alleges, in substance : That he is a resident and elector of McLean county as it is at present constituted. That at the general election held in November, 1908, there was submitted to the electors of McLean county, as it then ■existed, the question of dividing said county by creating out of…
2Cases cited5 opinions
- State ex rel. Standish v. BoucherNorth Dakota Supreme Court · 1893
- Conger v. GilmerCalifornia Supreme Court · 1867
- Chanlder v. StarlingNorth Dakota Supreme Court · 1909
- Kadlec v. PavikNorth Dakota Supreme Court · 1900
- Schwoebel v. FuginaNorth Dakota Supreme Court · 1905
3Cited by7 opinions
- Shackelford v. WestSupreme Court of Georgia · 1912
- State Ex Rel. Foughty v. FriederichNorth Dakota Supreme Court · 1961
- Holgerson Ex Rel. Holgerson v. City of Devils LakeNorth Dakota Supreme Court · 1933
- In Re HannettSupreme Court of Virginia · 2005
- Sayler v. BradyNorth Dakota Supreme Court · 1933
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