State ex rel. Standish v. Boucher
North Dakota Supreme Court
Appeal from District Court, Burleigh County; Winchester, J. Action by the State of North Dakota, on the relation of William H. Standish, as attorney general, and Daniel Williams, against Nelson F. Boucher, to try title to the office of warden of the state penitentiary. Judgment for defendant. Plaintiff appeals.
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Appeal from District Court, Burleigh County; Winchester, J. Action by the State of North Dakota, on the relation of William H. Standish, as attorney general, and Daniel Williams, against Nelson F. Boucher, to try title to the office of warden of the state penitentiary. Judgment for defendant. Plaintiff appeals. The executive possesses the power of removal from appointive offices and by appointing Ward and Taylor for the places that had been held by Donnelly and Van Horn as trustees of the penitentiary, this operated as a removal and created a vacancy, even had not that vacancy taken place by…
1Opinion of the CourtWallin, J.
This is a civil action, brought by the attorney general of the state, under Ch. 26 of the Code of Civil Procedure, to try the title to the office of warden of the state penitentiary at Bismarck, as between said plaintiff Daniel Williams and Nelson F. Boucher, the defendant. After a trial the District Court *391adjudged that the plaintiff Williams had no right or title to said office, and that the defendant, Boucher was the duly elected and qualified warden, and entitled to hold said office and exercise its powers. From such judgment, plaintiffs appeal to this court. The facts which are embodied…
2Cases cited17 opinions
- People ex rel. Le Roy v. HurlbutMichigan Supreme Court · 1871
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- State ex rel. Carson v. HarrisonIndiana Supreme Court · 1888
- People v. TiltonCalifornia Supreme Court · 1869
- Biggs v. McBrideOregon Supreme Court · 1889
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3Cited by51 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- Leek v. TheisSupreme Court of Kansas · 1975
- State v. First State Bank of JudNorth Dakota Supreme Court · 1924
- Buchholtz v. HillCourt of Appeals of Maryland · 1940
- State Ex Rel. Johnson v. BakerNorth Dakota Supreme Court · 1945
46 more not listed; retrieve them via the Exa API.