Jamieson v. Wiggin
South Dakota Supreme Court
Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action by Ames R. Jamieson, as one of the electors of Lincoln county, to contest the right of George H. Wiggin to the office of county judge. From a judgment in favor of defendant, Plaintiff appeals. Under the provision, § 25, Art. 5, Const., to be eligible to the office of county judge, one must be either admitted to the bar, or entitled to' be admitted, as learned in the law. Bac.
Read the full summary
Appeal from circuit court, Lincoln county. Hon. Joseph W. Jones, Judge. Action by Ames R. Jamieson, as one of the electors of Lincoln county, to contest the right of George H. Wiggin to the office of county judge. From a judgment in favor of defendant, Plaintiff appeals. Under the provision, § 25, Art. 5, Const., to be eligible to the office of county judge, one must be either admitted to the bar, or entitled to' be admitted, as learned in the law. Bac. Abr., Offices and Officers, 1; Throop, Pub. Off., § 71; Black’s Law Diet., .“Learned”; In re Thomas, (Colo.,) 13 L. R. A. 540; The defendant…
1Opinion of the CourtHaney, J.
Defendant’s right to hold the office of county judge is contested, on the sole ground that he is not “learned in the law” as required by the constitution. The referee before whom the cause was tried decided that the allegation of the plaintiff’s notice of contest that the defendant is ineligible to hold the office of county j udge is not sustained by the proof, and judgment was rendered in favor of defendant.
The constitution provides that no person shall be eligible to the office of judge of the supreme, circuit, or county court unless he be “learned in the law.” Const. Art. 5, §§ 10, 25. *18Defe…
2Cases cited1 opinion
- Little v. State ex rel. ParsellCourt of Appeals of Texas · 1890
3Cited by13 opinions
- Danforth v. EganSouth Dakota Supreme Court · 1909
- State Ex Rel. Chavez v. EvansNew Mexico Supreme Court · 1968
- Opinion of the JusticesSupreme Court of Alabama · 1965
- Ditty v. HamptonCourt of Appeals of Kentucky (pre-1976) · 1973
- Abrams v. LamoneCourt of Appeals of Maryland · 2007
8 more not listed; retrieve them via the Exa API.