Champion v. Board of County Commissioners of Minnehaha County
Supreme Court Of The Territory Of Dakota
Appeal from district court of Minnehaha county; Hon. C. S. Palmee, Judge. By chapter TO, Laws 188T, § 1, the board of county commis sioners are only authorized to act in case of certain events, viz.: (1) That a petition shall be presented to them; (2) it shall be signed by at least one-third of the legal voters of the county; and (3) that the only evidence that the county commissioners can regard, or look at, in measuring the qualifications of these voters, is the list of…
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Appeal from district court of Minnehaha county; Hon. C. S. Palmee, Judge. By chapter TO, Laws 188T, § 1, the board of county commis sioners are only authorized to act in case of certain events, viz.: (1) That a petition shall be presented to them; (2) it shall be signed by at least one-third of the legal voters of the county; and (3) that the only evidence that the county commissioners can regard, or look at, in measuring the qualifications of these voters, is the list of those who voted at the last preceding general election. Loomis v. Bailey, 45 Iowa, 403; Herrick v. Carpenter, 6 N. W. Bep.…
1Opinion of the CourtTripp, C. J.
This is a special proceeding by certiorari, wherein the plaintiff obtained from the district court of Min-nehaha county a writ against the board of county commissioners *423of that county, and the county clerk thereof, to certify up the records and proceedings of said board, wherein it decided to call an election under the “ local option law ” of 1887. The affidavit of the plaintiff upon which the writ issued is very full, and is set out verbatim in the record. The writ recites the allegations of fact relied upon as evidenced by the affidavit, and is as follows : “Whereas, it has appeared to us…
2Cases cited7 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Powell v. PennsylvaniaSupreme Court of the United States · 1888
- United States v. FerreiraSupreme Court of the United States · 1852
- Tilton v. . BeecherNew York Court of Appeals · 1874
- Pierre Water-Works Co. v. Hughes CountySupreme Court Of The Territory Of Dakota · 1888
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3Cited by21 opinions
- Dunker v. Brown County Board of EducationSouth Dakota Supreme Court · 1963
- Oakman v. City of EvelethSupreme Court of Minnesota · 1925
- Nelson v. City of MillerSouth Dakota Supreme Court · 1968
- Bandy v. MickelsonSouth Dakota Supreme Court · 1950
- Romey v. LandersSouth Dakota Supreme Court · 1986
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