Taubman v. Board of Commissioners
South Dakota Supreme Court
Appeal from circuit court, Aurora county, Hon. Frank B. Smith, Judge. Mandamus by Thomas W. Taubman against the board of commissioners of Aurora county. From a judgment for defendant, plaintiff appeals.
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Appeal from circuit court, Aurora county, Hon. Frank B. Smith, Judge. Mandamus by Thomas W. Taubman against the board of commissioners of Aurora county. From a judgment for defendant, plaintiff appeals. The board of county commissioners in refusing to designate appellant’s newspaper as one of the official papers of the county violated a plain statutory duty, and did so in utter defiance of the law.' Short v. White Lake, 8 S. D. 148. While appellant could have appealed from the order of the board so refusing, yet he was not confined to that remedy. Spencer v. Sully county, 4 Dak. 474. No…
1Opinion of the CourtCorson, J.
This is an appeal by the plaintiff from a judgment entered in a mandamus proceeding dismissing the same. An alternative writ of mandamus was issued by the circuit court in and for Aurora county, upon an affidavit filed by the plaintiff herein. The facts set forth in the alternative writ may be stated as follows : That the plaintiff is a citizen, resident, property owner, and taxpayer of said Aurora county, and that he is the owner, proprietor, publisher, and editor of the Plankinton Herald, which is now, and for many years past has been, a legal newspaper printed and published weekly at and…
2Cases cited12 opinions
- Louisville & New Albany Railroad v. State ex rel. McCartyIndiana Supreme Court · 1865
- People ex rel. Secretary of State v. State InsuranceMichigan Supreme Court · 1869
- Pierre Water-Works Co. v. Hughes CountySupreme Court Of The Territory Of Dakota · 1888
- State ex rel. Wolff v. Board of SupervisorsWisconsin Supreme Court · 1871
- Marshall v. SloanSupreme Court of Iowa · 1872
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3Cited by4 opinions
- Codington County v. Board of County Com'rsSouth Dakota Supreme Court · 1927
- Howard v. BurnsSouth Dakota Supreme Court · 1901
- Midwest Oil Co. v. YoungquistSouth Dakota Supreme Court · 1943
- Bismarck Tribune Co. v. WolfNorth Dakota Supreme Court · 1934