State Ex Rel. Maloney v. Wells

MANSON, Circuit Judge.

*391Nominally entitled in quo warranto, the subsequent pleadings and issues on both sides make it abundantly clear that this original proceeding is in the nature of mandamus. The legislature has conferred upon this court jurisdiction of such proceeding to determine right to an office. SDC 1960 Supp. 37.4501. The jurisdiction of this court in a proceeding in the nature of mandamus is not limited or restricted by the name given in the pleadings to the proceedings.

On June 15, 1960, the respondent, Goldie Wells, was duly and legally appointed to the office of Employment Security…