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STATE v. LEMLER

No. 9616.

84 N.W.2d 418 (1957)

The STATE of South Dakota on the relation of Frank GOSCH, Jr., Plaintiff and Appellant, v. John LEMLER, Ervin Rischel, Reinhold E. Moser, John F. Hand and Othiol Turner, County Commissioners; Ervin E. Dupper, State's Attorney, and Henry F. Perman, County Auditor of Walworth County, South Dakota, Defendants and Respondents.

Supreme Court of South Dakota.

August 2, 1957.

Attorney(s) appearing for the Case

Arend F. Lakeman, Mobridge, for plaintiff-appellant.

Fred J. Homeyer, Selby, Ervin E. Dupper, Mobridge, for defendants-respondents.

ROBERTS, Judge.

This is a certiorari proceeding to review the action of the Board of County Commissioners at its meeting on January 24, 1956, as to its manner of dividing Walworth County into commissioner districts. Written demand was made by thirty-nine taxpayers of the county upon the State's Attorney to take an appeal from the action of the board. Upon the failure of the State's Attorney to comply with the demand, one of the petitioners instituted the present proceeding...

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