Chanlder v. Starling
North Dakota Supreme Court
Appeal from District Court, Cass county; Pollock, J. Mandamus by Frank W. Chandler against H. L. Starling and others, as members of the State Board of Dental Examiners and H. L. Starling, as secretary of the board. From an order sustaining a demurrer to defendant’s answer and granting a peremptory writ, defendants appeal. The action should have been begun in the name of the State of North Dakota, ex rel. Frank W. Chandler. State, ex rel. Dakota Hail Ins.
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Appeal from District Court, Cass county; Pollock, J. Mandamus by Frank W. Chandler against H. L. Starling and others, as members of the State Board of Dental Examiners and H. L. Starling, as secretary of the board. From an order sustaining a demurrer to defendant’s answer and granting a peremptory writ, defendants appeal. The action should have been begun in the name of the State of North Dakota, ex rel. Frank W. Chandler. State, ex rel. Dakota Hail Ins. Co. v. Cary, 2 N. D. 36, 49 N. W. 164; 13 Enc. PI & Pr. 656; 2 Am. & Eng. Ann. Cases, 551. The governor had no authority to appoint the…
1Opinion of the CourtFisk, J.
This is a special proceeding by mandamus brought in the district court of Cass county to compel defendants, who are the members of the State Board of Dental Examiners, to recog*146nize plaintiff as a member of such board, and to permit him to act in such capacity. Plaintiff presented to the trial court an affidavit subscribed and sworn to by him, setting forth, in substance, that he possessed the necessary qualifications for holding such office, and the fact of his appointment thereto by the governor on December 22, 1906, to fill the vacancy caused by the removal from the state, as well as the…
2Cases cited20 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Studebaker Bros. v. MauWyoming Supreme Court · 1905
- Cameron, Superintendent v. ParkerSupreme Court of Oklahoma · 1894
15 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- State ex rel. Rearick v. Board of CommissionersSouth Dakota Supreme Court · 1914
- Holtan v. BeckNorth Dakota Supreme Court · 1910
- State ex rel. Langer v. McDonaldNorth Dakota Supreme Court · 1919
- Jenness v. ClarkNorth Dakota Supreme Court · 1910
- State Ex Rel. Coffey v. McFarlandNorth Dakota Supreme Court · 1929
6 more not listed; retrieve them via the Exa API.