STATE v. WELLS

No. 9959.

112 N.W.2d 601 (1961)

STATE of South Dakota, on the relation of P. J. MALONEY, Employment Security Commissioner and Counsel, Plaintiff, v. Goldie WELLS, Defendant.

Supreme Court of South Dakota.

December 29, 1961.


Attorney(s) appearing for the Case

A. C. Miller, Atty. Gen., Joseph H. Bottum, III, Asst. Atty. Gen., for plaintiff.

Maynes & Myers, Aberdeen, for defendant.


MANSON, Circuit Judge.

Nominally entitled in quo warranto, the subsequent pleadings and issues on both sides make it abundantly clear that this original proceeding is in the nature of mandamus. The legislature has conferred upon this court jurisdiction of such proceeding to determine right to an office. SDC 1960 Supp. 37.4501. The jurisdiction of this court in a proceeding in the nature of mandamus is not limited or restricted...

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