State ex rel. Steel v. Fabrick
North Dakota Supreme Court
Application by the state, on the relation of H. H. Steele and others, for a writ of mandamus to J. W. Fabrick. 1 Delays incident to appeal, occasioning a denial of justice, warrants the prerogative writ. Gaines v. Rugg, 148 U. S. 228, 13 Sup. Ct.
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Application by the state, on the relation of H. H. Steele and others, for a writ of mandamus to J. W. Fabrick. 1 Delays incident to appeal, occasioning a denial of justice, warrants the prerogative writ. Gaines v. Rugg, 148 U. S. 228, 13 Sup. Ct. Rep. 611; State v. Hart, 57 Pac. 415; State v. Dick, 79 N. W. 421; State v. Johnson, 79 N. W. 1080; Merced Mining Co. v. Frenjont, 7 Cal. 130; Clark v. Crane, 57 Cal. 634j Cariaga v. Fernald, 5 Pac. 615. Official refusal in advance to perform duty — justifies action before actual default. State v. Rotwitt, 37 Pac. 8445; State v. Met-calf, 100 N. W.…
1Opinion of the CourtMorgan, C. J.
This is an application for a peremptory writ of mandamus. The application is based upon the refusal of the respondent to comply with an order of the board of county commissioners of Ward county, directing him to give notice that the question of the division of Ward county and the formation of Renville county would be submitted to the electors at the November, 1908, election, and to otherwise comply with the order of said board.
The application for the writ is based upon an affidavit which sets forth in detail the facts leading up to the application, and the territory out of which the county of…
2Cases cited22 opinions
- Attorney General v. City of Eau ClaireWisconsin Supreme Court · 1875
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- State v. Nelson CountyNorth Dakota Supreme Court · 1890
- Wheeler v. Northern Colorado Irrigation Co.Supreme Court of Colorado · 1886
- State ex rel. Erickson v. BurrNorth Dakota Supreme Court · 1907
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3Cited by25 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- State Ex Rel. Johnson v. BakerNorth Dakota Supreme Court · 1945
- State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
- State v. RossSupreme Court of Oklahoma · 1919
- State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913
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