Remington v. Higgins

Citations

• 6 S.D. 313
• 60 N.W. 73
• 1894 S.D. LEXIS 110

Syllabus

<p>1. No special enactment of the territorial legislature, though valid when passed, but in conflict with and obnoxious to a constitutional provision relating to the same subject, survived the adoption of the constitution of this state.</p> <p>2. A special act of the territorial legislature of 1885, authorizing the removal, by a majority vote, of a county seat previously located by the vote, of two-thirds of all the qualified electors of the county, held to be superseded by, because repugnant to, section 3 of the ninth article of the constitution.</p> <p>3. In the absence of a jurisdictional question, the validity of an election by which a county seat was located can only be tested in a direct proceeding. Allegged irregularities cannot be considered and determined collaterally.</p> <p>(Syllabus by the Court.</p>