Driscoll v. Jones
South Dakota Supreme Court
Appeal from circuit court Lawrence county; Hon. John M. Nowlin, Judge. The nature of the proceedings and the material facts are stated in the opinion. Upon the admission of South Dakota as a state the judicial fabric of the territory dissolved. In re Wood 9 Pac. 758; in re Hinkle 3 Pac. 531; Enabling Act § 21. The offices of clerks of the court were abolished with the courts and the terms of office of the incumbents ended.
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Appeal from circuit court Lawrence county; Hon. John M. Nowlin, Judge. The nature of the proceedings and the material facts are stated in the opinion. Upon the admission of South Dakota as a state the judicial fabric of the territory dissolved. In re Wood 9 Pac. 758; in re Hinkle 3 Pac. 531; Enabling Act § 21. The offices of clerks of the court were abolished with the courts and the terms of office of the incumbents ended. State v. Tifford, 1 Nev. 210; Martin v. Pieman, 8 Abb. Pr. 359. The late district court of the territory of Dakota and the present circuit court of the state of South…
1Opinion of the CourtKellam, J.
The respondent in this action was appointed clerk of the district court in and for Lawrence county, in the Territory of Dakota, on the seventh day of January, 1887, by Hon. Charles M. Thomas, then judge of said district, and was holding said office under such appointment at the time of the admission of the State of . South Dakota, and still retains possession of the seal and other property of such office. On the twelfth day of November, 1889, the appellant was appointed to said office by the board of county commissioners of said Lawrence county, and on the 22d day of the same month duly…
2Cases cited9 opinions
- Stocking v. StateIndiana Supreme Court · 1855
- State ex rel. Clarke v. IrwinNevada Supreme Court · 1869
- State ex rel. Henderson v. County CourtSupreme Court of Missouri · 1872
- State ex rel. Atherton v. SherwoodSupreme Court of Minnesota · 1870
- Crowell v. LambertSupreme Court of Minnesota · 1865
4 more not listed; retrieve them via the Exa API.
3Cited by12 opinions
- State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895
- Moreland v. MillenMichigan Supreme Court · 1901
- State ex rel. Kriebs v. HalladaySouth Dakota Supreme Court · 1928
- State ex rel. Rearick v. Board of CommissionersSouth Dakota Supreme Court · 1914
- Chanlder v. StarlingNorth Dakota Supreme Court · 1909
7 more not listed; retrieve them via the Exa API.