State ex. rel. Dakota Trust Co. v. Stutsman
North Dakota Supreme Court
Appeal by defendants from a judgment of tbe District Court for Burleigh County, Winchester, J., awarding a writ of prohibition enjoining them from an alleged abuse of discretion in the matter of bonds furnished by public warehousemen in support of elevator licenses.
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Appeal by defendants from a judgment of tbe District Court for Burleigh County, Winchester, J., awarding a writ of prohibition enjoining them from an alleged abuse of discretion in the matter of bonds furnished by public warehousemen in support of elevator licenses. Statement by Bbucb, J. This action was originally brought in the form of a petition for a writ of prohibition against the board of railroad commissioners of the state of North Dakota to prohibit them from exercising what is claimed to be usurped and unwarranted powers. The petition alleged, among other things, that the plaintiff…
1Concurring in part, dissenting in partGoss, J.
The facts recited in the majority opinion are very much abbreviated, and in the conclusions therefrom laid down as the law of the case the writer can agree only as to part of the judgment ordered, believing that the judgment must be in all things unconditionally affirmed. Accordingly, the writer’s understanding of the facts and conclusions of law applicable under all the contentions of respective counsel are set forth.
This proceeding arises on a petition and supporting affidavit for writ of prohibition asked by the petitioner, a trust company duly organized and existing as such under the laws…
2Cases cited8 opinions
- Brass v. North Dakota Ex Rel. StoeserSupreme Court of the United States · 1894
- McConiha v. GuthrieWest Virginia Supreme Court · 1882
- State ex rel. Dawson v. St. Louis Court of AppealsSupreme Court of Missouri · 1889
- State ex rel. Dorgan v. FiskNorth Dakota Supreme Court · 1906
- West Virginia Central Gas Co. v. HoltWest Virginia Supreme Court · 1909
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