Legal Opinion

Adams v. Smith

Supreme Court Of The Territory Of Dakota

Decided May 15, 1889PublishedCited by 3 opinions

APPEAL from the district court, Rrown county; Hon. James Spencer, Judge. This was an election contest brought by tbe appellant Adams, on leave of court, under § 6, chap. 54, L. 1885, against the respondents, F. B. Smith, W. I. Steere, E. J. Mather, Horace Barnard and C. W. Swift, as county commissioners of Brown county, to contest the validity of an election, held July 12,1887, to re-locate the county seat of that county. . The defendants demurred to the complaint, and the…

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APPEAL from the district court, Rrown county; Hon. James Spencer, Judge. This was an election contest brought by tbe appellant Adams, on leave of court, under § 6, chap. 54, L. 1885, against the respondents, F. B. Smith, W. I. Steere, E. J. Mather, Horace Barnard and C. W. Swift, as county commissioners of Brown county, to contest the validity of an election, held July 12,1887, to re-locate the county seat of that county. . The defendants demurred to the complaint, and the demurrer was sustained pro forma ; the plaintiff elected to stand on his complaint, whereupon a pro forma judgment…

1Opinion of the Court

By the Court :

The pro forma judgment upon respondents’ demurrer is reversed upon the ground:

First, that appellant’s action was properly brought, and the act of the legislature of the territory of Dakota, passed March 11, 1887, under which the election was held by which the county seat of Brown county, D. T., was removed from Columbia to-Aberdeen, is in conflict with the act of congress approved July 30, 1886, prohibiting special legislation in the territories of the United States.

Second, that the appellant has such an interest in the subject-matter as enables him to maintain this action.

Third,…

2Cases cited2 opinions

  1. People v. Ah TiCalifornia Supreme Court · 1858
  2. Everest v. FerrisSupreme Court of Minnesota · 1871

3Cited by3 opinions

  1. Graff v. BurnsideSouth Dakota Supreme Court · 1931
  2. Greely v. McCoySouth Dakota Supreme Court · 1893
  3. Evans v. Hughes CountySouth Dakota Supreme Court · 1893

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