State ex rel. Butler v. Callahan
North Dakota Supreme Court
Appeal from District Court, Cass County; McConnell, J. Application upon relation of Robert Butler against J. F. Callahan, to compel defendant to surrender to plaintiff possession of the office of county superintendent of schools. From a judgment directing the issuance of a peremptory writ, defendant appeals. Mandamus will not lie to try title to office. Merrill on Mandamus, 143; McCrary on Elections, 322, Spelling Ext.
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Appeal from District Court, Cass County; McConnell, J. Application upon relation of Robert Butler against J. F. Callahan, to compel defendant to surrender to plaintiff possession of the office of county superintendent of schools. From a judgment directing the issuance of a peremptory writ, defendant appeals. Mandamus will not lie to try title to office. Merrill on Mandamus, 143; McCrary on Elections, 322, Spelling Ext. Rel. 1572, 1510; Peo. v. Barrett, 8 N. Y. Supp. 677. Title indicates election to the office and possession of the legal qualifications. Mandamus does not lie except to enforce…
1Opinion of the CourtWallin, C. J.
The dominating facts in this controversy, as they appear of record, may be stated as follows: The defendant was elected in 1892 to the office of county superintendent of schools of Cass County, and, having the requisite education certificate, duly qualified therefor, and entered upon the discharge of the duties of said office, and has ever since been an incumbent thereof, and now is exercising the functions of said office, and has possession of the office room in the court, house, and the books and records of the office. At the election held in June, 1894, the defendant and relator were…
2Cases cited12 opinions
- People Ex Rel. Sherwood v. State Board of CanvassersNew York Court of Appeals · 1891
- People ex rel. Cummings v. HeadIllinois Supreme Court · 1861
- State ex rel. Jones v. OatesWisconsin Supreme Court · 1893
- Barnum v. GilmanSupreme Court of Minnesota · 1881
- State ex rel. Atherton v. SherwoodSupreme Court of Minnesota · 1870
7 more not listed; retrieve them via the Exa API.
3Cited by32 opinions
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- State Ex Rel. Sathre v. MoodieNorth Dakota Supreme Court · 1935
- Walker v. SchneiderNorth Dakota Supreme Court · 1991
- Patten v. MillerSupreme Court of Georgia · 1940
- Campbell v. HuntArizona Supreme Court · 1917
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