Spencer v. Sully County
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Sully county. The board of county commissioners are not a court for any purpose, and can exercise no judicial functions or powers whatsoever, and any act of the territorial legislature attempting to confer such powers upon them is in direct conflict with the or-' ganic act, and void.
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Appeal from the district court of Sully county. The board of county commissioners are not a court for any purpose, and can exercise no judicial functions or powers whatsoever, and any act of the territorial legislature attempting to confer such powers upon them is in direct conflict with the or-' ganic act, and void. Section 1907 of the Organic Act; Rupert v. Commissioners, 2 Pac. 718; Hedges v. Commissioners, 1 Pac. 748; Fulkerson v. Stevens, 1 Pac. 261; Cartwright v. Bear River A. & W. Co., 30 Cal. 580. But in any event such jurisdiction could not be exclusively vested in the board of…
1Opinion of the CourtMcConnell, J.
This was begun by summons, as an original action in the district court. Appellants were plaintiffs below, and claim in the complaint that the respondent, an organized county in this territory, is indebted to them, on a contract obligation, in the sum of thirteen hundred and fifty dollars.
It appearing from the pleadings that the claim sued on had been presented before the board of commissioners of the county, and payment demanded, and that the board had refused to allow the claim, the district court, on motion of respondent’s counsel, dismissed the action, — holding that the district court had…
2Cases cited4 opinions
- Brady v. . Supervisors of New-YorkNew York Court of Appeals · 1851
- Martin v. . Supervisors of Greene Co.New York Court of Appeals · 1864
- Rupert v. Board of CommissionersIdaho Supreme Court · 1882
- Smith v. County of MohaveArizona Supreme Court · 1885
3Cited by13 opinions
- Pierre Water-Works Co. v. Hughes CountySupreme Court Of The Territory Of Dakota · 1888
- Champion v. Board of County Commissioners of Minnehaha CountySupreme Court Of The Territory Of Dakota · 1889
- Territory of Dakota v. CoxSupreme Court Of The Territory Of Dakota · 1886
- Bardrick v. DillonSupreme Court of Oklahoma · 1898
- Christy v. the City of KingfisherSupreme Court of Oklahoma · 1904
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