State ex rel. Adams v. Herried
South Dakota Supreme Court
Original action to determine whether certain persons are regents of education. Judgment for defendants. The facts are stated in the opinion. The mere entry of the title was not a compliance with Art. 23 of the constitution; the proposed amendment should have been entered at length in the journal.
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Original action to determine whether certain persons are regents of education. Judgment for defendants. The facts are stated in the opinion. The mere entry of the title was not a compliance with Art. 23 of the constitution; the proposed amendment should have been entered at length in the journal. Koehler v. Hill, (Iowa) 14 N. W. 738 and 15 N. W. 609; Oakland Paving Co. v. Hilton, (Cal.) 11 Pac. 3; State v. Tufiy, 12 Pac. 835. The proposed amendment was not submitted to a vote of the people, the title of the resolution not being legislation. Sutherland, Stat. Constr. § 210; 23 Am. & Eng.…
1Opinion of the CourtHaney, J.
This action was commenced in this court for the purpose of determining whether certain persons, joined with the state as plaintiffs ©r defendants, have authority to.control the educational institutions of this state. The authority of *111the former is derived from appointments under Chap. 6, Laws, 1890; that of the latter from appointments under Chap. 58, Laws 1897. The action is now before the court for final determination upon the complaint, answer, and an agreed statement of facts. The right of the defendants to exercise control of the state educational institutions depends upon the effect to…
2Cases cited12 opinions
- Oakland Paving Co. v. HiltonCalifornia Supreme Court · 1886
- Constitutional Prohibitory AmendmentSupreme Court of Kansas · 1881
- State ex rel. Hudd v. TimmeWisconsin Supreme Court · 1882
- Koehler & Lange v. HillSupreme Court of Iowa · 1883
- Nesbit v. PeopleSupreme Court of Colorado · 1894
7 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Kerby v. LuhrsArizona Supreme Court · 1934
- Keenan v. PriceIdaho Supreme Court · 1948
- Hammond v. ClarkSupreme Court of Georgia · 1911
- Ellingham v. DyeIndiana Supreme Court · 1912
- State ex rel. Hay v. AldersonMontana Supreme Court · 1914
34 more not listed; retrieve them via the Exa API.