Bailey v. Lawrence County
South Dakota Supreme Court
Appeal from -circuit court, Lawrence county. Hon. Charles M. Thomas, Judge. Mandamus to compel defendant to pay certain interest coupons. Defendant answered, denying validity of the bonds and coupons. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. Mandamus being an extraordinary remedy will not be granted when there is an adequate remedy at law.
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Appeal from -circuit court, Lawrence county. Hon. Charles M. Thomas, Judge. Mandamus to compel defendant to pay certain interest coupons. Defendant answered, denying validity of the bonds and coupons. Judgment for plaintiff. Defendant appeals. The facts are fully stated in the opinion. Mandamus being an extraordinary remedy will not be granted when there is an adequate remedy at law. State v. McCrillus, 4 Kas. 214; Id. v. Bridgman, 8 Kas. 459; Bresler v. State, 26 N. W. 825; Hobershaw v. Sears, 19 N. W. 413; State v. City, 9 N. W. 607; High’s Ex. Leg. Rem. § 36; State v. Burbank, 22 La. 298;…
1Opinion of the CourtBennett, J.
This was an action by mandamus to compel the board of commissioners and the county treasurer of Lawrence county to pay certain interest coupons which were taken from outstanding bonds of that county, issued under the provisions of the funding act of 1879. The answer to the alternative writ denies the validity of the bonds from which the coupons were detached, and the liability of the county to pay the same. It also denies that at the time of the issuance of the writ, and demand of payment, there were any funds in the treasury of the county subject to the payment of said coupons. It also…
2Cases cited5 opinions
- People Ex Rel. Mygatt v. Supervisors of Chenango CountyNew York Court of Appeals · 1854
- Fitch v. McDiarmidSupreme Court of Arkansas · 1871
- People ex rel. Pack v. Supervisors of Presque Isle CountyMichigan Supreme Court · 1877
- Cumins v. Lawrence CountySouth Dakota Supreme Court · 1890
- State ex rel. Hanna v. KavanaghNebraska Supreme Court · 1888
3Cited by18 opinions
- Dacy v. GorsSouth Dakota Supreme Court · 1991
- Sorrels v. Queen of Peace HospitalSouth Dakota Supreme Court · 1998
- Bandy v. MickelsonSouth Dakota Supreme Court · 1950
- Willoughby v. GrimSouth Dakota Supreme Court · 1998
- South Dakota Trucking Ass'n v. South Dakota Department of TransportationSouth Dakota Supreme Court · 1981
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