State ex rel. Pryor v. Axness
South Dakota Supreme Court
Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. Application for writ of prohibition- by the State -on the relation of N..J. Pryor against O. .T. Axness, a-s- mayor, and others. From a judgment in favor of relator, defendants appeal.
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Appeal from Circuit Court, Roberts County. Hon. Frank McNulty, Judge. Application for writ of prohibition- by the State -on the relation of N..J. Pryor against O. .T. Axness, a-s- mayor, and others. From a judgment in favor of relator, defendants appeal. The writ of prohibition is not a proper remedy to reach an election board and the acts of the city council in ordering an election for the purpose of electing a municipal judge in and for said city at -the annual city election held on the third Tuesday of April, 1911, was a ministerial and not a judicial act, and that the writ of prohibition…
1Opinion of the CourtWhiting, J.
At the regular municipal election held in and for the city of Sisseton in April, 1910, there was submitted the question of whether or not a municipal court should be established in said city. Upon the canvass of the votes cast, it was found and determined that a majority of the votes cast upon the above questioh were in favor of the establishment of such court. Such question was declared carried. • If such question was carried, then, under the provisions of the statute, it became the duty of the city council of said city of Sisseton, in calling the regular municipal election to be held in and…
2Cases cited12 opinions
- Montgomery County Fiscal Court v. TrimbleCourt of Appeals of Kentucky · 1898
- Gillespie v. PalmerWisconsin Supreme Court · 1866
- Sanford v. PrenticeWisconsin Supreme Court · 1871
- State v. EcholsSupreme Court of Kansas · 1889
- Board of Commissioners v. WinkleySupreme Court of Kansas · 1882
7 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- Cummings v. MickelsonSouth Dakota Supreme Court · 1993
- Weger v. Pennington CountySouth Dakota Supreme Court · 1995
- Burns v. KurtenbachSouth Dakota Supreme Court · 1982
- State ex rel. Byerley v. State Board of CanvassersNorth Dakota Supreme Court · 1919
- State ex rel. Byrne v. EwertSouth Dakota Supreme Court · 1916
5 more not listed; retrieve them via the Exa API.