State ex rel. Rearick v. Board of Commissioners
South Dakota Supreme Court
Appeal from 'Circuit Court, Nyman County. Hon. William WilliamsoN, Judge. Mandamus by the State of South- -Dakota, on the relation of David R-earick, against the Board o-f County Commissioners -of Lyman County an-d others, to compel said board to- a-dmi-t relator to the office of county commissioner. From' a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Mandamus is not the proper remedy.
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Appeal from 'Circuit Court, Nyman County. Hon. William WilliamsoN, Judge. Mandamus by the State of South- -Dakota, on the relation of David R-earick, against the Board o-f County Commissioners -of Lyman County an-d others, to compel said board to- a-dmi-t relator to the office of county commissioner. From' a judgment for plaintiff, and from an order denying a new trial, defendants appeal. Mandamus is not the proper remedy. Driscoll v. Jones, i S. D. 8 (at p. 12), -44 N. W. 726; People v. Olds, 3 Cal. 167; In re Gardner, 68 N. Y. 467. An election in 1912 -to fill the vacancy caused by the…
1Opinion of the CourtSmith, P. J.
At the general election in November, 1910, one Washburn was elected county commissioner for one of the districts of Lyman county, and qualified and entered upon the duties of the office in January, 1911. The term of office was four years. On October 11, 1912, he resigned. One Brooks was appointed to fill the vacancy, on November 11, 1912, qualified, and was thereafter recognized by and acted with the other commissioners. In due season, relator Reariek filed a petition as candidate for the office of county commissioner for 'the same district, at the general election to be held November 5,…
2Cases cited13 opinions
- Cameron, Superintendent v. ParkerSupreme Court of Oklahoma · 1894
- State ex rel. McGee v. GardnerSouth Dakota Supreme Court · 1893
- State ex rel. Atherton v. SherwoodSupreme Court of Minnesota · 1870
- State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895
- Crowell v. LambertSupreme Court of Minnesota · 1865
8 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- Cummings v. MickelsonSouth Dakota Supreme Court · 1993
- Patten v. MillerSupreme Court of Georgia · 1940
- Weger v. Pennington CountySouth Dakota Supreme Court · 1995
- Kane v. KundertSouth Dakota Supreme Court · 1985
- Noel v. CunninghamSouth Dakota Supreme Court · 1942
8 more not listed; retrieve them via the Exa API.