State ex rel. Lindsay v. Boyden
South Dakota Supreme Court
Appeal from circuit court, Charles Mix county; Hon. E. G. Smith, Judge. Certiorari on the relation of J. W. Lindsay against O. L. Boyden and others. From the judgment, defendant A. Van Der Voort appeals. In determining whether a majority of the legal voters of the county had signed this petition, the board of county commissioners exercised judicial functions; it exercised quasi-judicial powers involving judgment and discretion.
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Appeal from circuit court, Charles Mix county; Hon. E. G. Smith, Judge. Certiorari on the relation of J. W. Lindsay against O. L. Boyden and others. From the judgment, defendant A. Van Der Voort appeals. In determining whether a majority of the legal voters of the county had signed this petition, the board of county commissioners exercised judicial functions; it exercised quasi-judicial powers involving judgment and discretion. Champion v. Board, 5 Dak. 416; State v. Board, 54 Pac. 939; Herrick v. Carpenter., 6 N. ¥. 574; Ellis v. Karl, 7 Neb. 381; Miller v. Jones, 80 Ala. 89;'Board v.…
1Opinion of the CourtHaney, J.
In this special proceeding the circuit court isued its writ of cetiorari directed to the defendants Boyden, Campbell and Peters, as commissioners, the board of county commissioners, and Van Der Voort, as auditor of Charles'[Mix *382county, commanding them to certify a transcript of the record and proceedings of the board of county commissioners of that county concerning its action in relation to a petition to change the location of the county seat from Wheeler to Platte. To such writ all the defendants made return at the time and place specified therein, and after hearing the parties the court…
2Cases cited9 opinions
- Hunderlock v. Dundee Mortgage & Trust Investment Co.Indiana Supreme Court · 1882
- Hamilton v. BlairOregon Supreme Court · 1892
- Hunt v. HawleySupreme Court of Iowa · 1886
- Studabaker v. MarkleyIndiana Court of Appeals · 1893
- Grand Island & W. C. R. v. SweeneyCourt of Appeals for the Eighth Circuit · 1900
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3Cited by2 opinions
- State ex rel. Andrews v. BoydenSouth Dakota Supreme Court · 1904
- Gordon v. WhiteSouth Dakota Supreme Court · 1914