Legal Opinion

State ex rel. Wiles v. Albright

North Dakota Supreme Court

Decided December 31, 1901PublishedCited by 13 opinions

Appeal from District Court, McIntosh County, Lauder, J. Application by the state, on the relation of George C. Wiles, for writ of mandamus. against Christ Albright, county auditor. Judgment for relator, and defendant appeals.

1Opinion of the CourtMorgan, J.

This is an appeal from an order and judgment granting a peremptory writ of mandamus commanding the defendant to issue a warrant -to the relator for the sum of $635.81, claimed *23by the relator as due to him as his salary as county superintendent of schools of McIntosh county. The facts as recited in the affidavit on which the alternative writ of mandamus was issued, are the following, viz.: That the relator had been the duly elected and acting superintendent of schools of McIntosh county from the year 1897 until January, 1901; that the defendant was in January, 1901, and for two years prior…

2Cases cited21 opinions

  1. Erwin v. LowrySupreme Court of the United States · 1849
  2. United States v. BurchardSupreme Court of the United States · 1888
  3. O'Hara v. MacConnellSupreme Court of the United States · 1876
  4. People Ex Rel. Geer v. Common Council of TroyNew York Court of Appeals · 1880
  5. State ex rel. Rotwitt v. HickmanMontana Supreme Court · 1890

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3Cited by13 opinions

  1. Fuller v. Board of University & School LandsNorth Dakota Supreme Court · 1911
  2. State ex rel. Langer v. KositzkyNorth Dakota Supreme Court · 1918
  3. Mogaard v. City of GarrisonNorth Dakota Supreme Court · 1921
  4. Lyon v. Ford Motor CompanyNorth Dakota Supreme Court · 2000
  5. Henry v. HenryNorth Dakota Supreme Court · 2000

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