Howard v. Burns
South Dakota Supreme Court
Appeal from circuit court, Potter county, Hon. Boring E. Garry, Judge.' Mandamus by Samuel M. Howard against Michael Burns and others, to compel his recognition as state’s attorney of Potter county, and the payment of his salary. From a judgment in favor of .defendants, plaintiff appeals.
1Opinion of the CourtCorson, J.
This proceeding in mandamus was commenced by the plaintiff, as state’s attorney of Potter county, in July 1900, to compel the board of county commissioners of said county to recognize him as such state's attorney, and to compel it to draw a county warrant for the quarter’s salary to which he claimed to be entitled. The court below dismissed the action and from this judgment the plaintiff has appealed.
At the general election in 1898, the plaintiff was elected state’s attorney of said Potter county, received his certificate, of election, took the required oath, caused to be recorded and filed…
2Cases cited4 opinions
- Mendocino County v. MorrisCalifornia Supreme Court · 1867
- Jamieson v. WigginSouth Dakota Supreme Court · 1899
- Spencer v. Sully CountySupreme Court Of The Territory Of Dakota · 1887
- Taubman v. Board of CommissionersSouth Dakota Supreme Court · 1900
3Cited by8 opinions
- McCoy v. HandlinSouth Dakota Supreme Court · 1915
- Danforth v. EganSouth Dakota Supreme Court · 1909
- Opinion of the JusticesSupreme Court of Alabama · 1965
- In Re Candidacy of DalySupreme Court of Minnesota · 1972
- Campbell County v. OverbySouth Dakota Supreme Court · 1906
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