Bailey v. Pugh
North Dakota Supreme Court
Appeal from a judgment of the District Court of Dunn County; Honorable F. T. Lamblce, Judge. The passing upon the sufficiency of the petitions of Dunn Center was a discretionary matter which could not be controlled by mandamus. Sawyer v. Mahew (S. D.) 71 N. W. 141; Oliver v. Wilson, 8 N. D. 590; State ex rel. Wiles v. Albright, 11 N. D. 22, 98 Am. Dee. 375. The writ of mandamus will not issue where there is a plain, speedy and adequate remedy at law.
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Appeal from a judgment of the District Court of Dunn County; Honorable F. T. Lamblce, Judge. The passing upon the sufficiency of the petitions of Dunn Center was a discretionary matter which could not be controlled by mandamus. Sawyer v. Mahew (S. D.) 71 N. W. 141; Oliver v. Wilson, 8 N. D. 590; State ex rel. Wiles v. Albright, 11 N. D. 22, 98 Am. Dee. 375. The writ of mandamus will not issue where there is a plain, speedy and adequate remedy at law. Taubman v. County Commrs. (S. D.) 84 N. W. 784. A court or board clothed with judicial functions may be compelled to act, but the court issuing…
1Opinion of the CourtRobinson, J.
This proceeding relates to the removal of the county seat of Dunn county. It is an appeal from an order of mandamus made by Judge Lemblce on the 19th day of June, 1920. As the record shows, in May, 1920, there were filed with the county auditor numerous petitions for the removal of the county seat. On June 8th the county commissioners met in special session to consider the same and after considering for about nine days, on June 18, 1920, the board of county commissioners made and entered an order or resolution denying the petitions and declaring that the same were not signed by qualified…
2Cases cited1 opinion
- State ex rel. Little v. LanglieNorth Dakota Supreme Court · 1896
3Cited by1 opinion
- Pugh v. HempftlingNorth Dakota Supreme Court · 1920