Territory ex rel. Peterson v. Hauxhurst
Supreme Court Of The Territory Of Dakota
Appeal from the District Cov/rt of Brooki/ngs County. Appeal from an order overruling demurrer to the complaint. Points and authorities in brief: The case is one contemplated in section 535, Code of Civil Procedure, brought on the information of a person having an interest in the question, whose name should be joined with the Territory as plaintiff. An inspection of the complaint shows this was not done.
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Appeal from the District Cov/rt of Brooki/ngs County. Appeal from an order overruling demurrer to the complaint. Points and authorities in brief: The case is one contemplated in section 535, Code of Civil Procedure, brought on the information of a person having an interest in the question, whose name should be joined with the Territory as plaintiff. An inspection of the complaint shows this was not done. There is no joining of the Territory and the relator in the title of the cause or in the body of the complaint. There is clearly a defect of parties plaintiff: New York Code, Sec. 434; The…
1Opinion of the CourtKidder, J.
This action was predicated upon chapter 26 of the Code of Civil Procedure, section 535, to determine the title to the office of register of deeds of the county of Brookings, which is as follows: “ "When an action shall be brought by the District Attor- “ ney by virtue of this chapter, on the relation or information of “ a person having an interest in the question, the name of such “ person shall be joined with the territory as plaintiff.”
The ancient writ of quo warranto was a writ of right for the King, against one who usurps any office, franchise, or liberty, to inquire by what authority he…
2Cases cited6 opinions
- Oroville & Va. R.R. v. Supervisors of Plumas Cty.California Supreme Court · 1869
- Price v. Riverside Land & Irrigating Co.California Supreme Court · 1880
- The People Ex Rel. Crane v. . RyderNew York Court of Appeals · 1855
- People Ex Rel. Demarest v. . FairchildNew York Court of Appeals · 1876
- Supervisors of Washington County v. SelmerWisconsin Supreme Court · 1877
1 more not listed; retrieve them via the Exa API.
3Cited by6 opinions
- Newman v. United States Ex Rel. FrizzellSupreme Court of the United States · 1915
- State ex rel. Wood v. SheldonSouth Dakota Supreme Court · 1896
- State ex rel. Lavin v. BaconSouth Dakota Supreme Court · 1901
- State ex rel. Mort v. TralsteadSouth Dakota Supreme Court · 1916
- State ex rel. Morrison v. FreelandWest Virginia Supreme Court · 1954
1 more not listed; retrieve them via the Exa API.