State Ex Rel. Mickelson v. Larsen

South Dakota Supreme Court

State Ex Rel. Mickelson v. Larsen

15 N.W.2d 239, 70 S.D. 110, 1944 S.D. LEXIS 25

CourtSouth Dakota Supreme Court

DecidedJuly 29, 1944

DocketFile No. 8753.

StatusPublished

This text of 15 N.W.2d 239 (State Ex Rel. Mickelson v. Larsen) 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

State Ex Rel. Mickelson v. Larsen, 15 N.W.2d 239, 70 S.D. 110, 1944 S.D. LEXIS 25 (S.D. 1944).

Pincite

Opinion

This appeal is from a judgment restraining and prohibiting the secretary of state from submitting Chapter 79, Laws of 1943, to a vote of the electors. By reason of a vacancy, the court consists of four judges, two of whom are of the opinion that the judgment should be affirmed, and two of whom are of the opinion that the judgment should be reversed with a direction that the writ be denied. The court is therefore unable to reach a decision, § 7, Article V, Constitution of South Dakota. The judgment is of necessity affirmed.

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This appeal is from a judgment restraining and prohibiting the secretary of state from submitting Chapter 79, Laws of 1943, to a vote of the electors. By reason of a vacancy, the court consists of four judges, two of whom are of the opinion that the judgment should be affirmed, and two of whom are of the opinion that the judgment should be reversed with a direction that the writ be denied. The court is therefore unable to reach a decision, § 7, Article V, Constitution of South Dakota. The judgment is of necessity affirmed.

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Bluebook (online)

15 N.W.2d 239, 70 S.D. 110, 1944 S.D. LEXIS 25, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-mickelson-v-larsen-sd-1944.