246 N.W. 635 | S.D. | 1933
Lead Opinion
This is an original proceeding in this court seeking a writ of mandamus. The plaintiff demurred to the return of the defendant, city auditor, and the demurrer was overruled. See state ex rel Goodhope et al v. Leyse, City Auditor,
We are of the opinion that the findings and conclusions of the referee should be confirmed and approved, and the same hereby are in all things confirmed and approved by this court, and judgment dismissing the proceedings upon its merits will be entered thereon.
RUDOLPH, P.J., and POLLEY, CAMPBELL, and WARREN, JJ., concur.
Dissenting Opinion
It is my opinion that the writ should issue for the reasons which prevented my concurrence with the majority in the former opinion,