Legal Opinion

State ex rel. McDonald v. Holmes

North Dakota Supreme Court

Decided December 28, 1909PublishedCited by 14 opinions

Appeal from District Court, Grand Forks county; Templeton, J. Mandamus by the State, on relation of Don McDonald, against H. L. Holmes, as State Auditor. From a judgment awarding a peremptory writ,’ defendant appeals.

1Opinion of the CourtSpalding, J.

This is an appeal from an order and judgment of the district court of Grand Forks county, directing the auditor of the state of North Dakota to forthwith attest, issue and deliver a warrant in the sum of $100 to the treasurer of the state, to be by such treasurer credited to the county of Grand Forks in his settlement with the treasurer of that county, as provided by chapter 139, page 185, of the Laws of 1903. An alternative writ of mandamus was first issued by that court, and to it the appellant demurred. The judgment awarding the peremptory writ of mandamus resulted from an order of the…

2Cases cited4 opinions

  1. Ristine v. State ex rel. Board of Commissioners of the Sinking FundIndiana Supreme Court · 1863
  2. State ex rel. Norfolk Beet-Sugar Co. v. MooreNebraska Supreme Court · 1896
  3. Ingram v. ColganCalifornia Supreme Court · 1895
  4. Institute for the Education of the Mute & Blind v. HendersonSupreme Court of Colorado · 1892

3Cited by14 opinions

  1. Edwards v. ChildersSupreme Court of Oklahoma · 1924
  2. State Ex Rel. Link v. OlsonNorth Dakota Supreme Court · 1979
  3. Crane v. FrohmillerArizona Supreme Court · 1935
  4. Atkins v. State Highway DepartmentCourt of Appeals of Texas · 1918
  5. State ex rel. Birdzell v. JorgensonNorth Dakota Supreme Court · 1913

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