Holt v. Firesteel School District

South Dakota Supreme Court

Holt v. Firesteel School District

204 N.W. 898, 48 S.D. 408, 1925 S.D. LEXIS 67

CourtSouth Dakota Supreme Court

DecidedAugust 12, 1925

DocketFile No. 5813

StatusPublished

This text of 204 N.W. 898 (Holt v. Firesteel School District) is published on Counsel Stack Legal Research, covering South Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Holt v. Firesteel School District, 204 N.W. 898, 48 S.D. 408, 1925 S.D. LEXIS 67 (S.D. 1925).

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Opinion

GATES, J.

Claiming to have been elected school treasurer at a school district election, relator brought this proceeding in mandamus to compel: The district school board to admit him

as treasurer; the district clerk to issue to him a certificate of election; the county superintendent of schools to proceed to determine the sufficiency of his proposed official bond. The proceeding was dismissed. Relator appeals.

Section 7459, Rev. Code 1919, requires school officers to qualify on or before the second Tuesday in July following the election. Section 7460 declares the office vacant if the person elected does not qualify within one month thereafter. Inasmuch as it affirmatively appeared that this proceeding was not begun until after the expiration of said month of grace and that appellant had not qualified, the office was vacant, and the trial court rightly dismissed the proceeding. Affirmed.

CAMPBELL, J., disqualified and not sitting.

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GATES, J.

Claiming to have been elected school treasurer at a school district election, relator brought this proceeding in mandamus to compel: The district school board to admit him

as treasurer; the district clerk to issue to him a certificate of election; the county superintendent of schools to proceed to determine the sufficiency of his proposed official bond. The proceeding was dismissed. Relator appeals.

Section 7459, Rev. Code 1919, requires school officers to qualify on or before the second Tuesday in July following the election. Section 7460 declares the office vacant if the person elected does not qualify within one month thereafter. Inasmuch as it affirmatively appeared that this proceeding was not begun until after the expiration of said month of grace and that appellant had not qualified, the office was vacant, and the trial court rightly dismissed the proceeding. Affirmed.

CAMPBELL, J., disqualified and not sitting.

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Bluebook (online)

204 N.W. 898, 48 S.D. 408, 1925 S.D. LEXIS 67, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holt-v-firesteel-school-district-sd-1925.