Daly v. Beery
North Dakota Supreme Court
Appeal from the District Court of Grant County, Orawford, J. From an order sustaining a demurrer to the complaint, defendants appeal. No bill shall embrace more than one subject, which shall be expressed in its title, but a bill which violates this provision shall be invalidated thereby only, as to so much thereof as shall not be expressed. Section 61 of the state Constitution.
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Appeal from the District Court of Grant County, Orawford, J. From an order sustaining a demurrer to the complaint, defendants appeal. No bill shall embrace more than one subject, which shall be expressed in its title, but a bill which violates this provision shall be invalidated thereby only, as to so much thereof as shall not be expressed. Section 61 of the state Constitution. If the title expresses a general purpose, all matters fairly reasonably ■connected with that purpose and all measures which would facilitate its accomplishment, would not be in conflict with the above position of the…
1ConcurrenceBirdzell, J.
I concur in the judgment of this court reversing the order appealed from, though I respectfully disagree with the holding of my brethren, Justices Eobinson and Grace, on the basic propositions that the title to the act is good, and that its purpose was not changed during passage. I agree that the act does not violate any provision of the Federal Constitution. This seems to me to be so clear that a statement of reasons is unnecessary.
I am constrained to concur in the order of reversal, by reason of the provisions of the amendment to § 89 of the Constitution, which states that no act of the…
2Cases cited26 opinions
- Gibbons v. OgdenSupreme Court of the United States · 1824
- People ex rel. Drake v. MahaneyMichigan Supreme Court · 1865
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- Ex parte LiddellCalifornia Supreme Court · 1892
- State ex rel. Weir v. County JudgeSupreme Court of Iowa · 1855
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