State ex rel. Schilling v. Menzie
South Dakota Supreme Court
Appeal from circuit court, Charles Mix county; Hon. E. G. Smith, Judge. Mandamus on the relation of J. F. Schilling to William H. Menzie and others, county commissioners. From an adverse judgment, defendants appeal.
1Opinion of the CourtHaney, P. J.
This special proceeding, instituted by a resident freeholder, taxpayer, and voter of Charles Mix county to compel the defendants, county commissioners of that county, to call together the county judge and county auditor for the purpose of considering a petition asking for five county com*537missioners, resulted in a decision favorable to the relator, and the defendants appealed.
It is contended that the court erred in overruling defendants’motion to dismiss on the grounds: (1) That the proceeding was commenced and prosecuted without the knowledge, advice, or consent of the state’s attorney; and…
2Cases cited1 opinion
- State ex rel. Adkins v. LienSouth Dakota Supreme Court · 1896
3Cited by16 opinions
- Cummings v. MickelsonSouth Dakota Supreme Court · 1993
- Conn v. City CouncilCalifornia Court of Appeal · 1911
- Danforth v. City of YanktonSouth Dakota Supreme Court · 1946
- Sawyer Stores, Inc. v. MitchellMontana Supreme Court · 1936
- Security State Bank v. BreenSouth Dakota Supreme Court · 1938
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