Phelps v. Byrne
South Dakota Supreme Court
Original proceeding, 'by Oscar W. Phelps, against Frank M. Byrne, Governor, to obtain a writ of mandamus requiring the defendant to appoint plaintiff to the office of superintendent of the State Board of Health and Medical Examiners. (1) To point one of the opinion, Defendants cited: State v. Copeland, 74 Minn. 371, 77 N. W. 221; Allison v. Board, 125 Cal. 72, 57 Pac. 673; People v. CotnmTs, 63 Hun 169, 20 N. Y. Supp. 21; People v. Simonson, 64 N. Y. App.
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Original proceeding, 'by Oscar W. Phelps, against Frank M. Byrne, Governor, to obtain a writ of mandamus requiring the defendant to appoint plaintiff to the office of superintendent of the State Board of Health and Medical Examiners. (1) To point one of the opinion, Defendants cited: State v. Copeland, 74 Minn. 371, 77 N. W. 221; Allison v. Board, 125 Cal. 72, 57 Pac. 673; People v. CotnmTs, 63 Hun 169, 20 N. Y. Supp. 21; People v. Simonson, 64 N. Y. App. Div. 312, 72 N. Y. Supp. 84. (2) To point two of the opinion, Defendants cited: Pol. Code, Sec. 3242; State v. Copeland, supra; People v.…
1Opinion of the CourtWpiiting, J.
Chapter 109, Laws 1913, creates a board of public health and medical examiners, and defines the powers and duties of such board. Under its provisions the Governor is empowered and required to appoint the members of such board and to designate one of such appointees as the superintendent of the board. Three vacancies occured on July 1, 1915, through the ex*371piration of the terms of certain members of such board, one member whose term expired being the superintendent. The act makes no provision for the filing of an application with the Governor by one seeking appointment as a member of such…
2Cases cited2 opinions
- State ex rel. Mortensen v. CopelandSupreme Court of Minnesota · 1898
- People ex rel. Milliken v. Commissioners of Almshouse of NewburghNew York Supreme Court · 1892
3Cited by3 opinions
- Commonwealth Ex Rel. Graham v. SchmidSupreme Court of Pennsylvania · 1938
- Rosander v. Board of County Commissioners of Butte CountySouth Dakota Supreme Court · 1983
- Rosander v. BD. OF CTY. COMR'S OF BUTTE CTY.South Dakota Supreme Court · 1983