State ex rel. McGregor v. Young
South Dakota Supreme Court
Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Application by the state of South Dakota, on the relation of R. O. McGregor, for a peremptory writ of mandamus to compel E. R. Young and others, as the board of councilmen of the village of Egan, Moody county, S. D., to call an election for the election of officers of snch village. From a judgment granting the writ, Young and others appeal. The facts are stated in the opinion.
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Appeal from circuit court, Moody county. Hon. Joseph W. Jones, Judge. Application by the state of South Dakota, on the relation of R. O. McGregor, for a peremptory writ of mandamus to compel E. R. Young and others, as the board of councilmen of the village of Egan, Moody county, S. D., to call an election for the election of officers of snch village. From a judgment granting the writ, Young and others appeal. The facts are stated in the opinion. The writ of mandamus only lies to compel the exercise or performance of a power conferred and duty imposed upon an inferior tribunal; it does not…
1Opinion of the CourtCorson, P. J.
The defendants, constituting the president and board of trustees of the village of Egan having neglected to call an election for the officers of said village, at the time prescribed in the village charter, for the years 1893 and 1894, the circuit court, on application of an elector and taxpayer, issued its alternative writ of mandamus to the president and board of trustees, commanding them to call a village election, or show *408cause, etc. Subsequently, a peremptory writ was issued, from which the defendants appeal.
The village of Egan was incorporated under a special charter passed by the late…
2Cases cited8 opinions
- State ex rel. Parker v. SmithSupreme Court of Minnesota · 1875
- Smith v. LawrenceSouth Dakota Supreme Court · 1891
- People ex rel. Young v. Trustees of FairburyIllinois Supreme Court · 1869
- People ex rel. Dikeman v. President & Trustees of BrooklynCourt for the Trial of Impeachments and Correction of Errors · 1834
- Black Hills Flume & Mining Co. v. Grand Island & W. C. R.South Dakota Supreme Court · 1892
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3Cited by11 opinions
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- Gardner v. Springfield Gas & Electric Co.Missouri Court of Appeals · 1911
- Chicago, Milwaukee, St. Paul & Pacific Railroad v. Fallon CountyMontana Supreme Court · 1933
- State ex rel. Kaufman v. MartinNevada Supreme Court · 1909
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