Duffield v. Ashurst
Arizona Supreme Court
PETITION for writ of mandamus to require respondent to institute quo warranto proceedings. The facts are stated in the opinion. The duty of the district attorney, upon a proper showing, to bring quo warranto is not discretionary, hut mandatory. Buggeln v. Doe, 8 Ariz..341, 76 Pac. 458. Quo warranto may be brought upon the verified complaint of any person. Rev. Stats.
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PETITION for writ of mandamus to require respondent to institute quo warranto proceedings. The facts are stated in the opinion. The duty of the district attorney, upon a proper showing, to bring quo warranto is not discretionary, hut mandatory. Buggeln v. Doe, 8 Ariz..341, 76 Pac. 458. Quo warranto may be brought upon the verified complaint of any person. Rev. Stats. Ariz. 1901, sec. 3794. The act of 1907 is invalid because it attempts to delegate legislative power to the board of supervisors. The legislative power of Arizona is vested in the legislature, and that power cannot be delegated.…
1Opinion of the Court
NAVE, J. —
This is an original proceeding in this court to obtain a writ of mandamus directed to the district attorney of Coconino county, commanding him to institute quo war-ranto proceedings in the district court of Coconino county to determine by what right one Ralph H. Cameron is exercising a franchise to maintain and collect tolls upon a trail in that county leading down from the rim of the Grand canyon of the Colorado river, and known as the “Bright Angel trail.”
The respondent has interposed to the petition an answer in the nature of a plea in abatement, setting forth that petitioner is…
2Cases cited5 opinions
- California v. Central Pacific RailroadSupreme Court of the United States · 1888
- Montgomery v. SomersOregon Supreme Court · 1907
- Bravin v. Mayor of TombstoneArizona Supreme Court · 1893
- Thalheimer v. Board of SupervisorsArizona Supreme Court · 1908
- Buggeln v. DoeArizona Supreme Court · 1904
3Cited by10 opinions
- Lovelace v. HightowerNew Mexico Supreme Court · 1946
- State v. BoehringerArizona Supreme Court · 1914
- Donaghey v. Attorney GeneralArizona Supreme Court · 1978
- State Ex Rel. Sawyer v. LaSotaArizona Supreme Court · 1978
- City of Miami v. the Sirocco Co.Supreme Court of Florida · 1939
5 more not listed; retrieve them via the Exa API.