Smith v. Reid

The respondent, Ellis O. Smith, commenced this proceeding in circuit court against the appellant, Alex Reid, in December, 1931, for the purpose of determining the right to the office of city commissioner of the city of Sioux Falls. The proceeding is in the nature of quo warranto. The only fact dispute concerns the citizenship of the appellant. It is undisputed that on the 24th day of April, 1923, the respondent, Smith, was qualified to hold the office of commissioner of the city of Sioux Falls, and on that date he was elected to that office, and thereafter duly qualified and pursued the…