Wulfkuhl v. Galehouse
North Dakota Supreme Court
Appeal from the District Court of Ward County, North Dakota, Honorable K. E. Leighton, Judge. The petition was wholly insufficient and the school board had no jurisdiction. A nonresident of the district is not a proper signer of the petition. Comp.
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Appeal from the District Court of Ward County, North Dakota, Honorable K. E. Leighton, Judge. The petition was wholly insufficient and the school board had no jurisdiction. A nonresident of the district is not a proper signer of the petition. Comp. Laws 1913, § 1188. It is the duty of said board to ascertain whether the prerequisites to jurisdiction exist. 146 N. W. 727. Because the statement of the case contains no assignment of errors, the court is without power to examine it. State ex rel. Bickford v. Fabrick, 16 N. D. 94. A mandamus proceeding is not an action. It is a special proceeding,…
1Opinion of the CourtGrace, J.
Appeal from the district court of Ward county, North Dakota, Honorable K. E. Leighton, Judge.
This appeal is from the order of the court granting an alternative writ of mandamus upon the hearing of the petition for the issuance of such writ. This proceeding was brought to compel the officers of Donnybrook School District No. 24 to establish and maintain a school, and to erect a schoolhouse in the southwest corner of township 150, range 87, Ward county, North Dakota, the lines of the school district in question being coextensive with the township lines.
The petition filed with the school board…
2Cases cited1 opinion
- State ex rel. Johnson v. MostadNorth Dakota Supreme Court · 1916