State ex rel. Cormick v. Ramsey
Headnotes
Summary
Syllabus and headnotes are prepared by the reporter or publisher, not the court, and are not part of the opinion.
Opinion of the Court
Text extracted by OCR from a scanned original; check the original for exact wording.
HANEY, J.
This special proceeding was commenced by the service of a writ commanding the defendants to certify the returns and ballots of an election held in the city of Woonsocket, April 19, 1910, on the question of the sale of intoxicating liquors. Such writ was based on an affidavit wherein it was alleged that enough votes, which should have been counted in favor of the sale, to change the result, had been rejected as defective by the judges of the election. Upon defendants’ motion the writ was set aside, the proceedings dismissed, and judgment for costs and disbursements entered, from which order and judgment the plaintiff appealed.
The proceedings was properly dismissed. A writ of certiorari may be granted by the circuit court when an inferior court, officer, board, or tribunal has. exceeded its jurisdiction, and “there is no writ of .error or appeal, nor, in the judgment of the court, any *303 other plain, speedy and adequate remedy.” Rev. Code Civ. Proc. § 754. Plaintiff was afforded a plain, speedy, and adequate remedy by the provisions of the statute relating to election contests. Rev. Pol. Code, §§ 1988-2000; Treat v. Morris, 25 S. D. 615, 127 N. W. 554 .
The order and judgment appealed from.are affirmed.
How later courts describe this case
No later court has written an explanatory parenthetical about this case yet.
Cited by 4 cases
View all citing references →Relies on it most ⓘ
Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.