Legal Opinion

Gray v. Board of County Commissioners

South Dakota Supreme Court

Decided December 10, 1906PublishedCited by 1 opinion

Appeal from Circuit Court, Beadle County. Hon. Chas. S. Wi-iiting, Judge. Application for a peremptory writ of mandamus by E. B. Gray against the board of county commmissioners of Beadle county, etc. From an order sustaining a demurrer to the application, petitioner appeals. A commissioner may remove out of the district from which he was elected without creating a vacancy in his office.

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Appeal from Circuit Court, Beadle County. Hon. Chas. S. Wi-iiting, Judge. Application for a peremptory writ of mandamus by E. B. Gray against the board of county commmissioners of Beadle county, etc. From an order sustaining a demurrer to the application, petitioner appeals. A commissioner may remove out of the district from which he was elected without creating a vacancy in his office. State ex rel v. Board of Supervisors of Milwaukee County, 21 Wis. 449; State ex rel Malloy v. Skirving, 27 N-. W. 723; Smith v. State, 24 Ind. 101. A law requiring county commissioners to. reside in particular…

1Opinion of the CourtHaney, J.

This appeal is from an order sustaining a demurrer to the plaintiff’s application for a peremptory writ of man*99damus and a judgment dismissing the proceeding, it appears Upon the face of the application that Beadle county wás and is divided into five commissioner districts; that in' 1902 the plaintiff ’ was elected county commissioner'from'the Second district for the term commencing January 1, 1903, and ending January' 1, 1907; that he duly qualified' and entered upon the' discharge of his 'officiál duties, continuing to perform the same until excluded from such office as hereinafter stated;…

2Cases cited3 opinions

  1. Pratt v. Board of Police & Fire CommissionersUtah Supreme Court · 1897
  2. Howard v. BurnsSouth Dakota Supreme Court · 1901
  3. State ex rel. Long v. RexfordSouth Dakota Supreme Court · 1906

3Cited by1 opinion

  1. State Ex Rel. Schur v. PayneNevada Supreme Court · 1937

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