State ex rel. Andrews v. Boyden
South Dakota Supreme Court
Appeal from Circuit Court, Charles Mix County. Hon. E. G. Smith, Judge. Mandamus by the state, on the relation of T. E. Andrews, to compel O. L. P>oyden and others, as county commissioners of Charles Mix county, and the board of count3r commissioners of such county and another, as county auditor, to submit the question of changing the county seat at a general election. From a judgment dismissing the application, relator appeals.
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Appeal from Circuit Court, Charles Mix County. Hon. E. G. Smith, Judge. Mandamus by the state, on the relation of T. E. Andrews, to compel O. L. P>oyden and others, as county commissioners of Charles Mix county, and the board of count3r commissioners of such county and another, as county auditor, to submit the question of changing the county seat at a general election. From a judgment dismissing the application, relator appeals. In determining whether a majority of the legal' voters of the county had signed the petition the Board - exercised judicial function. It exercised quasi-judicial…
1Opinion of the CourtHaney, J.
This is. an appeal by the relator from a judgment . dismissing his application for a peremptory writ of mandamus commanding the defendants, as county commissioners, to submit the question of changing the location of the county seat at the general election of 1904. The facts as found by the circuit court are substantially as follows: On January 4, 1904, T. E. Andrews presented a petition to the board at its regular session, signed by 1,528 persons, asking to move the county seat from Wheeler to Platte, and for an order submitting the proposition at the next general election. On the same day J.…
2Cases cited9 opinions
- State ex rel. Lewis v. EgglestonSupreme Court of Kansas · 1886
- La Londe v. Board of SupervisorsWisconsin Supreme Court · 1891
- State ex rel. Morgan v. Board of County CommissionersNebraska Supreme Court · 1880
- Hord ex rel. Stanley v. ElliottIndiana Supreme Court · 1870
- Davenport v. ElrodSouth Dakota Supreme Court · 1906
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3Cited by14 opinions
- State ex rel. Lang v. FurnishMontana Supreme Court · 1913
- State Ex Rel. Freeze v. TaylorMontana Supreme Court · 1931
- State ex rel. Ketterling v. GregorySouth Dakota Supreme Court · 1910
- State Ex Rel. Williams v. BatemanSouth Dakota Supreme Court · 1932
- State Ex Rel. Papke v. DenuSouth Dakota Supreme Court · 1938
9 more not listed; retrieve them via the Exa API.