State of North Dakota v. Duis
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Application by the state, on the relation of the Kettle River Quarries Company, for a peremptory writ of mandamus against George E. Duis, mayor, and William V. O’Connor, auditor, of the city of Grand Forks. From a judgment denying the writ, plaintiff appeals. Veto power exists only where expressly conferred and then is strictly construed.
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Appeal from District Court, Grand Forks County; Templeton, J. Application by the state, on the relation of the Kettle River Quarries Company, for a peremptory writ of mandamus against George E. Duis, mayor, and William V. O’Connor, auditor, of the city of Grand Forks. From a judgment denying the writ, plaintiff appeals. Veto power exists only where expressly conferred and then is strictly construed. People v. Board, 20 N. Y. S. 51; 4 Abbot’s Pr. 35; 4 Thomp. & Cook, 357; Jacobs v. Board, 34 Pac. 630; Hall v. Racine, 50 N. W. 1094; State v. Langdon, 37 Atl. 383; Mc-Dermott v. Miller, 45 N. J.…
1Opinion of the CourtFisk, J.
By stipulation of counsel the sole question presented on this appeal involves the power of the mayor of the city of Grand Forks to veto two certain resolutions passed by the city council of said city on June 11, 1907, one of which declared that certain streets and avenues therein should be repaved with creosoted wood block pavement, and the other accepting the bid of and awarding the contract to the relator for the construction of such improvements and directing the respondents, as mayor and auditor, to enter into a contract with the relator accordingly. Each of such resolutions was vetoed by…
2Cases cited24 opinions
- Morton v. BroderickCalifornia Supreme Court · 1897
- State ex rel. Baltzell v. StewartWisconsin Supreme Court · 1889
- Heins v. LincolnSupreme Court of Iowa · 1897
- Schenck v. BurgessSupreme Court of Pennsylvania · 1897
- Whitney v. City of Port HuronMichigan Supreme Court · 1891
19 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Young v. Regents of University of KansasSupreme Court of Kansas · 1912
- Wallentinson v. Williams CountyNorth Dakota Supreme Court · 1960
- Murphy v. City of BismarckNorth Dakota Supreme Court · 1961
- State v. EricksonNorth Dakota Supreme Court · 1943
- Renner v. New Ulm Police Relief AssociationSupreme Court of Minnesota · 1969
4 more not listed; retrieve them via the Exa API.