Legal Opinion

State v. Board of Commissioners of Edmund's County

South Dakota Supreme Court

Decided February 1, 1916No. File No. 3876PublishedCited by 6 opinions

Original proceeding- by the State of South Dakota, for a writ of mandamus, against the board of county commissioners of Ed-munds County. (2) To- point two of the opinion, Defendant cited: Const., Art. 13, Sec. 4; 26 Cyc. 435 (B.) ; Peck v. Eos Angeles Co., 90 Cal. 384; Schwartz v. Wilson, 75 Gal. 502; Hoxie v. Somerset Co., 25 Me. 333; State v. Lewis, 74 Pac. 498 (Mon.) State v. Beckman, 4 Ohio Cr. Ct. 246. (3) To. point three of'the opinion, Plaintiff cited: Code Civ.

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Original proceeding- by the State of South Dakota, for a writ of mandamus, against the board of county commissioners of Ed-munds County. (2) To- point two of the opinion, Defendant cited: Const., Art. 13, Sec. 4; 26 Cyc. 435 (B.) ; Peck v. Eos Angeles Co., 90 Cal. 384; Schwartz v. Wilson, 75 Gal. 502; Hoxie v. Somerset Co., 25 Me. 333; State v. Lewis, 74 Pac. 498 (Mon.) State v. Beckman, 4 Ohio Cr. Ct. 246. (3) To. point three of'the opinion, Plaintiff cited: Code Civ. Proc., Sec. 765; Laws 1913, Ch. 206, Sec. 13. Defendant cited: Sec. 96, Art. 6, Ch. 3, Pol. Code; 26 Cyc. 398, and foot note…

1Opinion of the CourtGates, J.

This is an original proceeding in mandamus to compel the defendant board to repay to- the state the sum of $891.23 paid by the state for the per diem and expenses of an assistant executive accountant of this state in making an examination and audit of the boohs and accounts' of certain 'officers of Ed-munds county. The essential facts as they appear from the application for the alternative writ, the return thereto', and admissions of counsel are here summarized. On or about July 1, 1913, pursuant to -written requests from, taxpayers and officials of said county, the Governor of this state,…

2Cases cited13 opinions

  1. United States Ex Rel. Alexander Bryant Co. v. New York Steam Fitting Co.Supreme Court of the United States · 1914
  2. Ex parte WidberCalifornia Supreme Court · 1891
  3. State v. KirbySouth Dakota Supreme Court · 1914
  4. Matter of BryantNew York Court of Appeals · 1897
  5. Dring v. St. Lawrence TownshipSouth Dakota Supreme Court · 1909

8 more not listed; retrieve them via the Exa API.

3Cited by6 opinions

  1. Chicago, Milwaukee, St. Paul and Pacific Railroad v. Board of CommissionersSouth Dakota Supreme Court · 1976
  2. Mitchell National Bank v. JonesSouth Dakota Supreme Court · 1927
  3. Western Surety Co. v. Mellette CountySouth Dakota Supreme Court · 1934
  4. In re EganSouth Dakota Supreme Court · 1916
  5. In re MorrisonSouth Dakota Supreme Court · 1920

1 more not listed; retrieve them via the Exa API.

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