State ex rel. Lavin v. Bacon
South Dakota Supreme Court
Original action by the state of South Dakota, on relation of J. D. Lavin and W. E. Tipton, against E. H. Bacon and H. P. Smith. Judgment for plaintiff and relators. The facts are stated in the opinion.
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Original action by the state of South Dakota, on relation of J. D. Lavin and W. E. Tipton, against E. H. Bacon and H. P. Smith. Judgment for plaintiff and relators. The facts are stated in the opinion. It is clear from the provisions of the constitution and statute of the state that so far as the length of the term of an office is concerned, either for a full term or to fill a vacancy, the matter is left wholly in the discretion of the legislature, and it is clear that the legislative power is supreme and omnipotent so far as fixing the term of the offices, providing how long a vacancy…
1Opinion of the CourtCorson, J.
This is an original action in this court, in the nature of quo warranto, to determine the title of the defendants to the office of members of the state board of charities and corrections. The defendants filed an answer to the petition, but, as counsel have agreed upon the facts, it will not be necessary to refer specially to the petition and answer. The facts as contained in the stipulation may be briefly summarized as follows: That during the legislative session of 1893 the governor appointed William J. Sibbison and L. B. Laughlin as members of the board of charities and corrections, for the…
2Cases cited11 opinions
- Day Land & Cattle Co. v. StateTexas Supreme Court · 1887
- BUTLER v. Commonwealth of PennsylvaniaSupreme Court of the United States · 1851
- Newton v. CommissionersSupreme Court of the United States · 1880
- Narregang v. Brown CountySouth Dakota Supreme Court · 1901
- Mark v. State ex rel. BowlessIndiana Supreme Court · 1860
6 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- State ex rel. Brislawn v. MeathWashington Supreme Court · 1915
- Oklahoma City v. ShieldsSupreme Court of Oklahoma · 1908
- State Ex Rel. Westhues v. SullivanSupreme Court of Missouri · 1920
- Attorney General ex rel. Barbour v. LindsayMichigan Supreme Court · 1914
- Elfring v. PatersonSouth Dakota Supreme Court · 1939
21 more not listed; retrieve them via the Exa API.