State ex rel. Bickford v. Fabrick
North Dakota Supreme Court
Appeal front District Court, Ward County; Fisk, J. Application by the state, on the relation of G. L. Bickford, for ■writ of mandamus against J. W. Fabrick, auditor of Ward county. Judgment for relator, and defendant appeals. When contestant’s predecessor had been declared elected and had ■qualified, and entered upon her duties, such contestant could not be treated as his own successor in office.
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Appeal front District Court, Ward County; Fisk, J. Application by the state, on the relation of G. L. Bickford, for ■writ of mandamus against J. W. Fabrick, auditor of Ward county. Judgment for relator, and defendant appeals. When contestant’s predecessor had been declared elected and had ■qualified, and entered upon her duties, such contestant could not be treated as his own successor in office. State v. Callahan, 4 N. D. 481, 61 N. W. 1025; Stevens v. Carter, 31 L. R. A. 342. One holding office after the expiration of the term thereof, “and until his successor is elected and qualified,” is…
1Opinion of the CourtSpalding, J.
This is an appeal from a judgment of the district court of Ward county commanding the defendant, as auditor of such county, to draw his warrant to the relator for $3,997.46 as salary as superintendent of schools of that county for the years 1903 and 1904. The appellant evidently intended to have this court try this case anew; but it is not an action, within the meaning of section 7229, Rev. Codes 1905, and his statement of the case contains no specifications of error, we cannot consider the evidence contained in the statement, but can only determine whether the judgment is sustainable from a…
2Cases cited10 opinions
- People v. TiltonCalifornia Supreme Court · 1869
- Badger v. United States Ex Rel. BollesSupreme Court of the United States · 1877
- Township of Noble v. AasenNorth Dakota Supreme Court · 1901
- In re EatonNorth Dakota Supreme Court · 1898
- Baker City v. MurphyOregon Supreme Court · 1895
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3Cited by17 opinions
- Gotchy v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1923
- City of Fargo v. Annexation Review Commission of Cass CountyNorth Dakota Supreme Court · 1966
- State Ex Rel. Foughty v. FriederichNorth Dakota Supreme Court · 1961
- Hazelton-Moffit Special School District No. 6 v. WardNorth Dakota Supreme Court · 1961
- Sweeney v. StateArizona Supreme Court · 1922
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