Territory ex rel. McKinnis v. Hand
Supreme Court Of The Territory Of Dakota
' Appeal from Lawrence County District Court. The facts are stated in the opinion. - The record in this case discloses the fact that before the application for mandamus, the appellant, as county clerk, had performed the duty required of Mm by law, by making out and delivering to the sheriff the notices of the election, to be held on the 6th day of November, 1877, incorporating in such notices such offices as were in his judgment to be filled at such election, to-wit: the…
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' Appeal from Lawrence County District Court. The facts are stated in the opinion. - The record in this case discloses the fact that before the application for mandamus, the appellant, as county clerk, had performed the duty required of Mm by law, by making out and delivering to the sheriff the notices of the election, to be held on the 6th day of November, 1877, incorporating in such notices such offices as were in his judgment to be filled at such election, to-wit: the justices of the peace for the county, and one county commissioner, and the respondent sought by the application to compel…
1Opinion of the CourtBenNett, J.
The Territorial Legislature, by an Act approved February 10, 1877, provided for the organization of the counties of Lawrence, Pennington and Custer, and authorized the governor to appoint all the officers for said counties except justices of the peace. The Territory embraced within these counties, was, at the time of the passage of said act supposed to be within an Indian reservation, and the act provided that nothing should be done by the governor towards the organization of said counties until the Territory embraced within them should come within the jurisdiction of the Territory.
After the…
2Cases cited4 opinions
- Doe Ex Dem. Patterson v. WinnSupreme Court of the United States · 1826
- State ex rel. Weeks v. GambleSupreme Court of Florida · 1869
- McAffee v. RussellMississippi Supreme Court · 1855
- State ex rel. Attorney-General v. ConradesSupreme Court of Missouri · 1869