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MITCHELL v. HERREMAN

No. 9153.

41 N.W.2d 829 (1950)

MITCHELL v. HERREMAN, City Auditor, et al.

Supreme Court of South Dakota.

March 10, 1950.

Attorney(s) appearing for the Case

Caldwell & Burns, Sioux Falls, for plaintiff.

B. H. Schaphorst, Brookings, for defendants.

RUDOLPH, Judge.

At an election in the city of Brookings held on April 19, 1949 the electors decided to change its governing body from a board of commissioners consisting of a mayor and two commissioners to a board of commissioners consisting of a mayor and four commissioners. SDC 45.05. Under SDC 45.-0504 the change in the number of commissioners does not take place until the next annual municipal election. This section provides: "If at such election a change of form...

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