State ex rel. McGregor v. Young

Citations

• 6 S.D. 406
• 61 N.W. 165
• 1894 S.D. LEXIS 163

Syllabus

<p>1. Where, by the provisions of a village charter, the village officers are required to be elected annually, and the day for such annual election is designated in such charter, it is the duty of the president and board of trustees of such village to give proper notice of such election, and provide ballots, booths, and judges necessary for holding the same.</p> <p>2. The designation of such day for the annual election is so far directory that if, from any cause, no election is held on the day designated, it is the duty of such president and board of trustees to call an election at the earliest practicable day thereafter, and make the necessary provisions therefor.</p> <p>3. If the annual election has not been called and held upon the day designated in the village charter, and the president and board of trustees neglect to call an election upon the demand of an elector and taxpayer of such village, the circuit court has power by mandamus to compel said president and trustees to call such an election, and provide the necessary ballots,'booths, and judges for holding the same.</p> <p>4. By the statutes of this state governing mandamus proceedings before a court, a judgment is required to be entered as the basis for the peremptory writ of mandamus; and such peremptory writ issued before the rendition of such judgment is premature and irregular.</p> <p>5. Such judgment should be based upon proper findings of fact and conclusions of law, notwithstanding there may be no appearance by the defendant, or no valid defense set up in the answer or return. Comp. Laws, 'i 5520.</p> <p>6. An appeal from a peremptory writ of mandamus, as such, is not allowed under the provisions of the statutes of this state; and an appeal from such writ itself, and not from any judgment or appealable order, will be dismissed by this court on its own motion.</p> <p>(Syllabus by the Court.</p>