State ex rel. Kronschnabel v. Taylor
South Dakota Supreme Court
Mandamus -by the State, on the relation of Frank C. Kron-schnabel, against Alva E. Taylor, as Judge of the Circuit Court in and for the Ninth Judicial Circuit, requiring defendant to proceed and try the issues of fact raised in a special proceeding.
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Mandamus -by the State, on the relation of Frank C. Kron-schnabel, against Alva E. Taylor, as Judge of the Circuit Court in and for the Ninth Judicial Circuit, requiring defendant to proceed and try the issues of fact raised in a special proceeding. Mandamus should not issue in this case for the reason that it does not appear that the relator is clearly entitled to the relief sought, nor that a plain duty of the defendant has been violated to the substantial injury of the relator or the public nor that injustice of irreparable wrong will result from the denial of the writ: Bailey v. Lawrence…
1Opinion of the CourtWhiting, J.
This is an original proceeding seeking the mandate of this court requiring the defendant, as judge of the circuit court in an for Beadle county, to proceed and try the issues of fact raised in a special proceeding brought in such court. The facts are undisputed. The present relator filed in the said circuit court on August 5, 1912, a petition under the provisions of chapter 28, Political Code.- In said petition it was alleged that one John Issenhuth had in 'his care, as his adopted daughter, one Celeste Issenhuth, a child of some eleven years of age, and that he had been guilty of certain…
2Cases cited2 opinions
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- State ex rel. Wyman, Partridge & Co. v. Superior CourtWashington Supreme Court · 1905
3Cited by2 opinions
- State ex. rel. South Dakota Children's Home Society v. KelleySouth Dakota Supreme Court · 1913
- Moschell v. Town of RoswellSouth Dakota Supreme Court · 1932