Somers v. State
South Dakota Supreme Court
Action original in this court to recover from the State of South Dakota money alleged to be due for salary as deputy superintendent of public instruction. This case was first decided by this court in an opinion filed April 26, 1894, and reported in 5 S. D. 321, 58 N. W. 804. In that opinion a demurrer to the complaint was sustained. Thereafter plaintiff petitioned for a rehearing which in this opinion is denied.
1Opinion of the CourtKellam, J.
This was an original action in this court to recover an unpaid portion of salary, claimed by plaintiff as deputy superintendent of public instruction. The opinion is published in 58 N. W. 804. Plaintiff asks a rehearing on the single ground of alleged error of this court in holding that plaintiff, being appointed to hold during the pleasure of his principal, had no term of office, within the meaning of section 3, art. 12, of our state constitution, declaring that “the corn-compensation of no public officer shall be increased or diminished during his term.” In his petition for rehearing…
2Cases cited7 opinions
- Parmater v. State ex rel. DrakeIndiana Supreme Court · 1884
- State ex rel. Kane v. JohnsonSupreme Court of Missouri · 1894
- People Ex Rel. Joyce v. . BrundageNew York Court of Appeals · 1879
- State ex rel. Martin v. KalbWisconsin Supreme Court · 1880
- County of Douglas v. TimmeNebraska Supreme Court · 1891
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3Cited by8 opinions
- Chamski v. Wayne County Board of AuditorsMichigan Supreme Court · 1939
- State ex rel. Jackson v. PorterMontana Supreme Court · 1920
- Bayley v. GarrisonCalifornia Supreme Court · 1923
- Harrold v. BarnumCalifornia Court of Appeal · 1908
- Bowers v. City of AlbuquerqueNew Mexico Supreme Court · 1921
3 more not listed; retrieve them via the Exa API.