Legal Opinion

Mackey v. Reeves

South Dakota Supreme Court

Decided April 25, 1921No. File No. 4635PublishedCited by 16 opinions

Original proceeding by G. E. Macke)’ against Jay Reeves, as State Auditor, to compel defendant to issue a warrant on the state treasurer in favor of plaintiff. (1) To point one of the opinion, Plaintiff cited: Laws 1919, Gh. 39; 'Sec. 6942, Code 1919; State ex rel.

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Original proceeding by G. E. Macke)’ against Jay Reeves, as State Auditor, to compel defendant to issue a warrant on the state treasurer in favor of plaintiff. (1) To point one of the opinion, Plaintiff cited: Laws 1919, Gh. 39; 'Sec. 6942, Code 1919; State ex rel. Longstaff v. Anderson, ('S. D.) 146 N. W. 703; Laws 1901, Ch. 176. Defendant cited: Const., Art. 12, Sec. 3; Art. 11, Sec. 2; Art. 3, Sec. 2,3, Subds. .9, 11; and authorities cited to point 6 on former decision on demurrer; 42 S. D. 340 (344) ; Sec. 6975, 6973, 6976, 5353, 535.5, Code 1919. (2) To point two, see, for authorities…

1Opinion of the CourtMcCOY, J.

This is an original proceeding in mandamus to compel defendant, as state auditor, to issue a warrant on the state treasurer by virtue of the provisions of chapter 39, Laws 1919. This is the second tim'e this proceeding has been before this court. Mackey v. Reeves, 42 S. D. 340, 175 N. W. 359. On the former hearing a demurrer was interposed to sufficiency of the application for the writ. The demurrer was sustained, and rehearing denied. Motion was then made to amend the application, which was granted, and the matter is now here upon the amended application, answer, and evidence submitted. The…

2Cases cited2 opinions

  1. State ex rel. Morris v. HandlinSouth Dakota Supreme Court · 1917
  2. Mackey v. ReevesSouth Dakota Supreme Court · 1919

3Cited by16 opinions

  1. State v. CarterWyoming Supreme Court · 1923
  2. State ex rel. Graham v. Board of ExaminersMontana Supreme Court · 1952
  3. Magoffin v. Watros ex rel. BrouillardNorth Dakota Supreme Court · 1920
  4. Frink v. TaylorNorth Dakota Supreme Court · 1930
  5. Payne v. JonesSouth Dakota Supreme Court · 1924

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