State v. Marshall County

Citations

• 14 S.D. 149
• 84 N.W. 775
• 1900 S.D. LEXIS 25

Syllabus

<p>Comp. Laws, § 96, provides that the attorney general shall appear for the state in all actions in the supreme court in which the state shall he interested as a party; and section 428 makes it the duty of the • district attorney to appear in the district courts of their respective counties in all actions in which the state or county is interested; and Section 434, as amended by Laws 1889, Chap. 59, authorizes the district (circuit) courts to appoint a suitable person to perform the duties of the district attorney when the latter is disqualified. Held, that the circuit court has no authority to enter an order directing the county to pay for services of an attorney appointed .by such court to argue an appeal in the supreme court in a case in which the district attorney was disqualified, since it is the duty of the attorney general to represent the state in'such cases, and hence the appointment of a substitute for the district attorney was invalid.</p>