Oliver v. Wilson
North Dakota Supreme Court
Appeal from District Court, Cass County; Pollock, J. Application by Mrs. A. V. Oliver for a writ of mandamus against Charles E. Wilson, sheriff. From an order directing the writ to issue, and judgment to be entered against defendant, and from a judgment so entered, defendant appeals. Respondent had an adequate and speedy remedy at law, hence was not entitled to mandamus.
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Appeal from District Court, Cass County; Pollock, J. Application by Mrs. A. V. Oliver for a writ of mandamus against Charles E. Wilson, sheriff. From an order directing the writ to issue, and judgment to be entered against defendant, and from a judgment so entered, defendant appeals. Respondent had an adequate and speedy remedy at law, hence was not entitled to mandamus. State v. County Judge, 5 Iowa, 380; Inhabitants v. Mulliken, 7 Gray, 280; Peo. v. Chase, 70 111. App. 42; Wright v. Kelley, 42 Pac. Rep. 565; Foster v. Angelí, 33 Atl. Rep. 406; Bickley v. Esendworth, 58 111. 364; State v.…
1Opinion of the CourtWallin, J.
The record in this proceeding discloses that the plaintiff made application to the District Court for a peremptory writ of mandamus, basing said application upon her own affiadvit, which is', in substance, as follows: That an action was then pending in the District Court for Cass county for the recovery of rent, wherein this plaintiff was defendant, and Northern Light Lodge No. 1, etc., a corporation, was plaintiff; that in said action a writ of attachment had issued, and been delivered to defendant herein for service as sheriff; that defendant had, by virtue of said writ, levied upon and…
2Cases cited8 opinions
- In re WeberNorth Dakota Supreme Court · 1894
- In re EatonNorth Dakota Supreme Court · 1898
- Field v. Great Western Elevator Co.North Dakota Supreme Court · 1896
- Bailey v. ScottSouth Dakota Supreme Court · 1890
- Russell & Co. v. AmundsonNorth Dakota Supreme Court · 1894
3 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Dow v. LillieNorth Dakota Supreme Court · 1914
- King v. HansonNorth Dakota Supreme Court · 1904
- Stark v. Heart River Irrigation DistrictNorth Dakota Supreme Court · 1951
- State ex. rel. Dakota Trust Co. v. StutsmanNorth Dakota Supreme Court · 1912
- Mogaard v. City of GarrisonNorth Dakota Supreme Court · 1921
9 more not listed; retrieve them via the Exa API.