Mack v. Costello
South Dakota Supreme Court
Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Mandamus by Philip J. Mack and others against Georgia Costello, as owner, manager, and publisher of the Cavour Clarion, to compel publication of a statutory notice. From a judgment issuing a peremptory writ of mandamus, defendant appeals.
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Appeal from Circuit Court, Beadle County. Hon. Alva E. Taylor, Judge. Mandamus by Philip J. Mack and others against Georgia Costello, as owner, manager, and publisher of the Cavour Clarion, to compel publication of a statutory notice. From a judgment issuing a peremptory writ of mandamus, defendant appeals. That the court was without jurisdiction to grant the writ of mandamus requiring defendant to publish a notice in the Cavour Clarion, as the defendant is not specially enjoined by law as a duty resulting from a duty, trust or station to print in the Cavour 'Clarion the notice she is…
1Opinion of the CourtPolley, J.
This is a proceeding in mandamus. The defendant is the owner, manager, and publisher of the Cavour Clarion, a weekly newspaper published in the town of Cavour. The Clarion is a legal newspaper, and the ' only newspaper, published at that place. The plaintiffs are the owners of some 1,100 acres of land within the corporate limits of said town, but none of which has been laid out into city or town lots or blocks. The plaintiffs, being desirous of having said real property disconnected and excluded from the corporate limits of the said town, filed a petition, signed by the requisite number of…
2Cases cited5 opinions
- Kennedy v. Board of EducationCalifornia Supreme Court · 1890
- People Ex Rel. Bartlett v. Medical Society of ErieNew York Court of Appeals · 1865
- State ex rel. Waring v. Georgia Medical SocietySupreme Court of Georgia · 1869
- Dane v. DerbySupreme Judicial Court of Maine · 1866
- Nye v. RoseSupreme Court of Rhode Island · 1892
3Cited by6 opinions
- Kantack v. KreuerSupreme Court of Minnesota · 1968
- Zajicek v. City of WessingtonSouth Dakota Supreme Court · 1928
- Shuck v. Carroll Daily HeraldSupreme Court of Iowa · 1933
- Bloss v. Federated Publications, Inc.Michigan Court of Appeals · 1969
- Carr v. Wakonda Independent Consolidated School District No. 1South Dakota Supreme Court · 1921
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