State ex rel. Lofthus v. Langer
North Dakota Supreme Court
Original application to prohibit and restrain the respondents from usurping the powers and duties of the state examiner, and from wrongfully continuing its appointee as receiver of the Scandinavian American Bank of Fargo. Writ granted directing the state examiner to continue in charge of said bank, with full power to release possession of such bank to its officers when he deems fit, and restraining the respondents from further continuance of their wrongful acts.
1DissentBirdzell, J.
I dissent. At the time the original application in this matter was presented to this court I was of the opinion that this court did not possess, under the Constitution, the requisite original jurisdiction to deal adequately with the matters presented in the complaint. The matter of jurisdiction required decision then if the court was to issue the order prayed, for; for the plaintiffs requested that a restraining order issue at once which would have the effect of removing Halldorson, the receiver appointed by the banking board, and of placing the bank in the control of the public examiner. It…
2Cases cited21 opinions
- Hovey v. ElliottSupreme Court of the United States · 1897
- State ex rel. Bolens v. FrearWisconsin Supreme Court · 1912
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- State v. Nelson CountyNorth Dakota Supreme Court · 1890
- Weaver v. ToneyCourt of Appeals of Kentucky · 1899
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