Wendt v. Waller
North Dakota Supreme Court
Appeal from District Court of Ward County, Leighton> J. The statute‘not only provides for a term of two years for county superintendent, but for two years’ additional time until a successor is elected and qualified. State v. Fabrick, 16 N. D. 94. The incumbent of a public office, who has the right to hold over until his successor is elected and qualified, has such a special interest as enables him to maintain an action.
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Appeal from District Court of Ward County, Leighton> J. The statute‘not only provides for a term of two years for county superintendent, but for two years’ additional time until a successor is elected and qualified. State v. Fabrick, 16 N. D. 94. The incumbent of a public office, who has the right to hold over until his successor is elected and qualified, has such a special interest as enables him to maintain an action. Jenness v. Clark, 21 N. D. 150. “The law presumes that the officers did their duty in issuing a teacher’s certificate.” Kimball v. School Dist. 63 Pac. 213; Fitzgerald v.…
1Opinion of the CourtBirdzell, J.
This is a proceeding to determine the title to the office of county superintendent of schools in Ward county. From a judgment finding the defendant entitled to the office, the plaintiff appeals. The plaintiff was the incumbent of the office in 1918, and he and the defendant were candidates for election in the general election of that year. In the election the defendant received a majority of the votes, and on or about the. 1st of January, 1919, he qualified for the office in the statutory manner and demanded possession. The plaintiff refused to relinquish possession, whereupon mandamus…
2Cases cited1 opinion
- McDonald v. NielsonNorth Dakota Supreme Court · 1919
3Cited by1 opinion
- State Ex Rel. Pape v. HockettWyoming Supreme Court · 1945