Dimond v. Ely
North Dakota Supreme Court
Appeal from District Court, Burke County; O. W. Bwttz, Special J. 'From a judgment in respondents’ favor, plaintiff appeals. The judgment in the mandamus proceeding is not res judicata to "this action. The question of the ultimate right or title to the county seat was not triable in the mandamus proceeding. State ex rel. Butler v. Callahan, 4 N. D. 481, 61 N. W. 1025; State ex rel. Sunderall v. McKenzie, 10 N. D. 132, 86 N. W. 231; People ex rel.
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Appeal from District Court, Burke County; O. W. Bwttz, Special J. 'From a judgment in respondents’ favor, plaintiff appeals. The judgment in the mandamus proceeding is not res judicata to "this action. The question of the ultimate right or title to the county seat was not triable in the mandamus proceeding. State ex rel. Butler v. Callahan, 4 N. D. 481, 61 N. W. 1025; State ex rel. Sunderall v. McKenzie, 10 N. D. 132, 86 N. W. 231; People ex rel. Noyes v. Board of Canvassers, 126 N. T. 392, 27 N. E. 792. Only such questions as affect the prima facie title of the relator •can be tried by…
1Opinion of the CourtLxsk, J.
This is a contest of an election involving the permanent location of the county seat of Burke county. The question of the permanent- location of the county seat for such county was submitted to the electors thereof at the 1910 general election, and according to the abstract of votes prepared by the canvassing board, Bowbells received 783 votes, Lignite 440 votes, and 95 votes divided between other of the candidates for such county seat. The trial in the district court resulted in findings of fact and conclusions of law favorable to the eontestees and respondents, and judgment was entered…
2Cases cited7 opinions
- Southern Pacific Railroad v. United StatesSupreme Court of the United States · 1897
- State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895
- State ex rel. Davis v. WillisNorth Dakota Supreme Court · 1910
- State ex rel. Sunderall v. McKenzieNorth Dakota Supreme Court · 1901
- State ex rel. Johnson v. ElyNorth Dakota Supreme Court · 1912
2 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- McHenry County v. BradyNorth Dakota Supreme Court · 1917
- Barney v. TexarkanaSupreme Court of Arkansas · 1932