Fuller v. Board of University & School Lands
North Dakota Supreme Court
Appeal from the District Court of Burleigh county; Winchester, J. Affirmed. Ministerial and administrative duties, although involving exercise of judgment and discretion, may be coerced by mandamus. Merrill, Mandamus, § 44; 26 Cyc. Law & Proc. p. 161; Haynes, New Trials, § 323; State ex'rel. Keane v. Murphy, 19 Nev. 89, 6 Pac. 840; State ex rel. Humboldt County v. Lander County, 22 Nev.
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Appeal from the District Court of Burleigh county; Winchester, J. Affirmed. Ministerial and administrative duties, although involving exercise of judgment and discretion, may be coerced by mandamus. Merrill, Mandamus, § 44; 26 Cyc. Law & Proc. p. 161; Haynes, New Trials, § 323; State ex'rel. Keane v. Murphy, 19 Nev. 89, 6 Pac. 840; State ex rel. Humboldt County v. Lander County, 22 Nev. Yl, 35 Pac. 300; Stockton & V. P. K. Co. v. Stockton, 51 Cal. 328, 339; People v. Alameda County, 45 Cal. 395; Wood v. Strother, Y6 Cal. 545, 9 Am. St. Rep. 249, 18 Pac. Y66; Raisch v. Board of Education, 81…
1Opinion of the CourtGoss, J.
Plaintiff brings mandamus to compel execution and delivery of a contract for the sale of school lands which defendant commissioner struck off to plaintiff at a sale of school lands in Steele county, at which plaintiff was the highest and only bidder for certain lands. All preliminaries prior to sale were complied with, and, on the sale, payment was made by the purchaser to the county treasurer, pending approval of the sale by the Board of University and School I/ands. After an investigation, and on information before it, said board disapproved the sale, finding fraud and collusion between the…
2Cases cited6 opinions
- Wood v. StrotherCalifornia Supreme Court · 1888
- State ex rel. State Publishing Co. v. SmithMontana Supreme Court · 1899
- State ex rel. Marsh v. State Board of Land CommissionersWyoming Supreme Court · 1898
- Cosner v. Board of Supervisors of Colusa CountyCalifornia Supreme Court · 1881
- State ex rel. Wiles v. AlbrightNorth Dakota Supreme Court · 1901
1 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Morgan County Commission v. PowellSupreme Court of Alabama · 1974
- Oahe Conservancy Subdistrict v. JanklowSouth Dakota Supreme Court · 1981
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- McCarten v. SandersonMontana Supreme Court · 1941
- State Ex Rel. Otto v. FieldNew Mexico Supreme Court · 1925
21 more not listed; retrieve them via the Exa API.