Territory ex rel. Eisenmann v. Shearer
Supreme Court Of The Territory Of Dakota
Appeal from the District Court of Hutchinson County. I.Plaintiffs in this case commenced suit by issuing alternative writ of mandamus to said defendant requiring him to deliver books, papers and property pertaining to the office of register of deeds and exroffido county clerk of Armstrong county, or show cause to.the contrary before the Judge at his chambers in Yank-ton county. Defendant appeared and demurred to the writ.
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Appeal from the District Court of Hutchinson County. I.Plaintiffs in this case commenced suit by issuing alternative writ of mandamus to said defendant requiring him to deliver books, papers and property pertaining to the office of register of deeds and exroffido county clerk of Armstrong county, or show cause to.the contrary before the Judge at his chambers in Yank-ton county. Defendant appeared and demurred to the writ. And the said demurrer being overruled, elected to stand on the demurrer. And brings the cause to this court, assigning as error: 1. That the court had no jurisdiction. 2.…
1Opinion of the CourtKidder, J.
The relator applied to the judge of the Second Judicial District at Yankton in said district upon affidavits, for an alternative writ of mandamus commanding the defendant to immediately take to and deliver to the relator all the papers and property pertaining to the defendant’s office. The alternative *339writ was granted by the judge returnable before him at Chambers, at Yankton, that being outside of said subdivision.
The defendant appeared on the return day and demurred to the said writ because the court or jiidge had no jurisdiction to issue the writ and make it returnable at Yankton outside…
2Cases cited3 opinions
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- Larco v. CasaneuavaCalifornia Supreme Court · 1866
- Brown v. AtkinUtah Supreme Court · 1875
3Cited by6 opinions
- Sanford v. Duluth & Dakota Elevator Co.North Dakota Supreme Court · 1891
- Driscoll v. JonesSouth Dakota Supreme Court · 1890
- State ex rel. McGregor v. YoungSouth Dakota Supreme Court · 1894
- Wenner v. Board of Education of City of PerrySupreme Court of Oklahoma · 1910
- Holden v. HaserodtSouth Dakota Supreme Court · 1892
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