State ex rel. Wyoming Agricultural College v. Irvine
Wyoming Supreme Court
Original proceeding in mandamus. Heard on demurrer to petition and alternative writ. The facts are stated in the opinion. in support of the demurrer.
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Original proceeding in mandamus. Heard on demurrer to petition and alternative writ. The facts are stated in the opinion. in support of the demurrer. The relators are without capacity to sue in this proceeding: First, as to the trustees, because (a) the said trustees are not the real party in interest, and (b) because by act of the Legislature the said trusteeships have been abolished; and, second, as to the Agricultural College, because (a) the said Agricultural College is not the real party in interest, and (b) said college being a mere state agent has no power to bring this or any other…
1Opinion of the Court
Potter, Chief Justice.
This is a proceeding in mandamus commenced in this court in the name of the State, on the relation of the Wyoming Agricultural College, and Matt Borland and others as trustees of said college, against William C. Irvine, as State Treasurer. The object of the suit is to require the State Treasurer to pay to the Treasurer of said college, located at Bander, Wyoming, certain funds, alleged to be in the hands of said State Treasurer and to have been received for the benefit of said college.
An alternative writ of mandamus was issued in accordance with the prayer of the…
2Cases cited37 opinions
- Boyd's Lessee v. GravesSupreme Court of the United States · 1819
- Newton v. CommissionersSupreme Court of the United States · 1880
- Conner v. . the Mayor, C. of New YorkNew York Court of Appeals · 1851
- Mead v. BallardSupreme Court of the United States · 1869
- In re Estate of RoyerCalifornia Supreme Court · 1899
32 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- Hjorth Royalty Company v. Trustees of UniversityWyoming Supreme Court · 1924
- Griffin v. County of ColusaCalifornia Court of Appeal · 1941
- State Ex Rel. Jones v. EricksonMontana Supreme Court · 1926
- Byrne Realty Co. v. South Florida Farms Co.Supreme Court of Florida · 1921
- Ross v. Trustees of UniversityWyoming Supreme Court · 1924
17 more not listed; retrieve them via the Exa API.