State ex rel. Stoeser v. Brass
North Dakota Supreme Court
PPJEAL from district court, Ramsey county; Morgan, Judge. lion. D. E. Proceedings in mandamus by Louis "W. Stoeser against Norman Brass to compel him to receive into his elevator grain belonging to relator. From an order sustaining a demurrer to defendant’s answer, and directing a peremptory writ to issue, he appeals.
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PPJEAL from district court, Ramsey county; Morgan, Judge. lion. D. E. Proceedings in mandamus by Louis "W. Stoeser against Norman Brass to compel him to receive into his elevator grain belonging to relator. From an order sustaining a demurrer to defendant’s answer, and directing a peremptory writ to issue, he appeals. The mere fact that the legislature has enacted a statute which operates to deprive appellant of his liberty and property, does not constitute “due process of law.” Within every theoretical definition of the constitutional guarantees that may be found in the text books and every…
1Opinion of the Court
The opinion of the court was delivered by
Wallin, J.
The statute under which this proceeding was instituted constitutes chapter 126 of the Session Laws of North Dakota for the year 1891. It is entitled “An act to regulate grain warehouses, and the weighing and handling of grain, and defining the duties of the railroad commissioners in relation thereto.” The act contains fourteen sections, but we deem it unnecessary for the purposes of this case to do more than to refer to the statute, and then quote §§ 4 and 11 in full. Section 4 is as follows: “All buildings, warehouses, or elevators in this…
2Cases cited19 opinions
- Munn v. IllinoisSupreme Court of the United States · 1877
- Sinking-Fund CasesSupreme Court of the United States · 1879
- Chicago, Milwaukee & St. Paul Railway Co. v. MinnesotaSupreme Court of the United States · 1890
- Spencer v. MerchantSupreme Court of the United States · 1888
- Wabash, St. Louis & Pacific Railway Co. v. IllinoisSupreme Court of the United States · 1886
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3Cited by5 opinions
- Brass v. North Dakota Ex Rel. StoeserSupreme Court of the United States · 1894
- State v. Duluth Board of TradeSupreme Court of Minnesota · 1909
- State v. Rogers & RogersSupreme Court of Minnesota · 1921
- State ex. rel. Dakota Trust Co. v. StutsmanNorth Dakota Supreme Court · 1912
- State v. LoomisSupreme Court of Missouri · 1893