State ex rel. Lavin v. Bacon
South Dakota Supreme Court
Original quo warranto procedings by the State of South Dakota, bv John L. Pyle, attorney general, on the relation of J. D. Lavin and another, against J. H. Bacon and another. The facts are stated in the opinion. At the common law the attorney general had the right, ex-oíñcio, to sue out a writ of quo waranto, or to bring an, information in the nature of a quo waranto on behalf of the sovereign without leave of court, it being a writ of right for the sovereign. 17 Ency.
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Original quo warranto procedings by the State of South Dakota, bv John L. Pyle, attorney general, on the relation of J. D. Lavin and another, against J. H. Bacon and another. The facts are stated in the opinion. At the common law the attorney general had the right, ex-oíñcio, to sue out a writ of quo waranto, or to bring an, information in the nature of a quo waranto on behalf of the sovereign without leave of court, it being a writ of right for the sovereign. 17 Ency. PI. and Pr. 443, and cases cited. Also P. 448 and cases cited under note 2;, State v. Archibald,. 5 N. D. 359, 66 N. W. 234;…
1Opinion of the CourtPIaney, J.
It is the object of this original proceeding by information in the nature of quo waranto to determine whether either of the defendants unlawfully holds and exercises the office of member of the board of charities and corrections. It appears from an agreed statement of facts that during the legislative session of 1893 the governor, by and with the consent of the senate, appointed William J. Sibbison and L. B. Laughlin as members of such board for the term of six years, commencing March 6, 1893, to succeed' members whose terms expired March 5, 1893; that Sibbison and Laughlin *288duly qualified on…
2Cases cited8 opinions
- People v. TiltonCalifornia Supreme Court · 1869
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
- People on rel. Morton v. TiemanNew York Supreme Court · 1859
- Davis v. ButlerCalifornia Supreme Court · 1856
- State ex rel. Holmes v. FinnerudSouth Dakota Supreme Court · 1895
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3Cited by5 opinions
- Kadderly v. PortlandOregon Supreme Court · 1903
- State ex rel. Lavin v. BaconSouth Dakota Supreme Court · 1901
- Johnson v. JonesSouth Dakota Supreme Court · 1925
- State Ex Rel. Pollock v. BeckerSupreme Court of Missouri · 1921
- State ex rel. Kriebs v. HalladaySouth Dakota Supreme Court · 1928