State ex rel. Attorney General v. District Court of Fourth Judicial District
North Dakota Supreme Court
Proceeding in mandamus on the relation of the Attorney General against the district court of the Fourth Judicial District; Glaspell, J. The court refused to entertain the application, hear proof and decide the motion on the ground that it had no jurisdiction to do so. Under such circumstances mandamus is the proper remedy. 19 Am. & Eng.
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Proceeding in mandamus on the relation of the Attorney General against the district court of the Fourth Judicial District; Glaspell, J. The court refused to entertain the application, hear proof and decide the motion on the ground that it had no jurisdiction to do so. Under such circumstances mandamus is the proper remedy. 19 Am. & Eng. Enc. of Law, 827. It is doubtful if the order 'dismissing the motion is appealable; if it is, the remedy is neither “adequate” nor “speedy,” and plaintiff would be entitled to mandamus. Rev. Codes, 6111. The other remedy which will bar special proceedings must…
1Opinion of the CourtCochrane, J.
An action was commenced by the Attorney General in the name of the state against George E. Moody, the sheriff of Richland county, under chapter 24, Code Civ. Proc. (sections 5741, 5743, et seq., Rev. Codes 1899), for the purpose of securing his removal from office. The complaint alleged as grounds for removal many acts of malfeasance, misfeasance and nonfeasance in office. After the commencement of the action an application was made, upon notice, for an order suspending the defendant from the functions of his office until the final determination of the case upon the merits, pursuant to…
2Cases cited20 opinions
- In Re Pennsylvania Co.Supreme Court of the United States · 1890
- Loeb v. . WillisNew York Court of Appeals · 1885
- ParkerSupreme Court of the United States · 1889
- Ex Parte Railway CompanySupreme Court of the United States · 1881
- People ex rel. Doughty v. Judges of Dutchess C. P.New York Supreme Court · 1839
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3Cited by8 opinions
- Blakemore v. CooperNorth Dakota Supreme Court · 1905
- State ex rel. Prall v. District CourtSupreme Court of Minnesota · 1914
- State ex rel. Red River Brick Corp. v. District CourtNorth Dakota Supreme Court · 1912
- Strauss v. CostelloNorth Dakota Supreme Court · 1915
- Leonard v. MedlangNorth Dakota Supreme Court · 1978
3 more not listed; retrieve them via the Exa API.