State ex rel. Dickson v. Williams
South Dakota Supreme Court
Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Application by the state of South Dakota, on relation of Joseph M. Dickson, for a writ of mandamus to compel Roy Williams, as mayor, and Frank L. Blackman, as city auditor, of the city of Sioux Falls, S. D., to issue warrants in payment of relator’s salary as chief of police of such city. From a judgment granting a peremptory writ of mandamus, defendants appeal. The facts are stated in the opinion.
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Appeal from circuit court, Minnehaha county. Hon. Joseph W. Jones, Judge. Application by the state of South Dakota, on relation of Joseph M. Dickson, for a writ of mandamus to compel Roy Williams, as mayor, and Frank L. Blackman, as city auditor, of the city of Sioux Falls, S. D., to issue warrants in payment of relator’s salary as chief of police of such city. From a judgment granting a peremptory writ of mandamus, defendants appeal. The facts are stated in the opinion. A writ of mandamus will only issue to compel action when the right of the relator is clear, and never to enforce a disputed…
1Opinion of the CourtCorson, P. J.
On July 18,-1894, Joseph M. Dickson pre-' sented to the circuit court of Minnehaha county an affidavit in which he states that on September 3, 1893, he was duly appointed chief of police for the city of Sioux Palls, and that he had continued to perform the duties of said office, and was at the time of making said affidavit the chief of police of said city; that the defendant Roy Williams was the mayor of said city, and that the defendant Prank L. Blackman was the city auditor; that on June 8, 1894, the city council of said city allowed and ordered a city warrant to be issued to him for the…
2Cases cited7 opinions
- The People Ex Rel. the Mayor v. . NicholsNew York Court of Appeals · 1880
- People Ex Rel. Sims v. Board of Fire CommissionersNew York Court of Appeals · 1878
- People, Ex Rel. Gere v. . WhitlockNew York Court of Appeals · 1883
- State ex rel. Diebold Safe & Lock Co. v. GetchellNorth Dakota Supreme Court · 1893
- City of Huron v. CampbellSouth Dakota Supreme Court · 1892
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3Cited by9 opinions
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- Lincoln National Like Insurance v. FischerSupreme Court of Iowa · 1945
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