Legal Opinion

State ex rel. Miller v. Taylor

North Dakota Supreme Court

Decided December 29, 1913PublishedCited by 17 opinions

Original application to this Court for the issuance of its writ prohibiting and enjoining the Commissioner of Insurance of the State from putting into effect the provisions of chap. 194, Laws of North Dakota for 1913, requiring him to establish a bonding department to go into operation on the 1st day of January, 1914. It is clear that the state intended to engage in the business of furnishing bonds to counties and other subdivisions, to indemnify against loss by the default…

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Original application to this Court for the issuance of its writ prohibiting and enjoining the Commissioner of Insurance of the State from putting into effect the provisions of chap. 194, Laws of North Dakota for 1913, requiring him to establish a bonding department to go into operation on the 1st day of January, 1914. It is clear that the state intended to engage in the business of furnishing bonds to counties and other subdivisions, to indemnify against loss by the default of public officials of such subdivisions. Laws of 1913, chap. 194. Such act is in violation of § 185 of the Constitution…

1Opinion of the Court

Spalding, Ch. J.

This is an original application to this court for the issuance of its prerogative writ to prohibit and enjoin the state commissioner of insurance from proceeding to establish and put into operation a state bonding department. It is designed to test the constitutionality of chapter 194 of the Laws of 1913, entitled, “An Act Establishing a State Bonding Department in the Office of the Commissioner of Insurance, Providing for the Maintenance Thereof, and Creating a Reserve Therefor; Prescribing the Duties of Officers Connected Therewith, Providing for the Payment of Premiums and…

2Cases cited23 opinions

  1. Hurtado v. CaliforniaSupreme Court of the United States · 1884
  2. Chicago, Burlington & Quincy Railroad v. ChicagoSupreme Court of the United States · 1897
  3. Boyd's Lessee v. GravesSupreme Court of the United States · 1819
  4. Hovey v. ElliottSupreme Court of the United States · 1897
  5. Galpin v. PageSupreme Court of the United States · 1874

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3Cited by17 opinions

  1. State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
  2. State ex rel. City of Fargo v. WetzNorth Dakota Supreme Court · 1918
  3. State v. CromwellNorth Dakota Supreme Court · 1943
  4. State v. BrownNorth Dakota Supreme Court · 2009
  5. State ex rel. Bonsteel v. AllenSupreme Court of Florida · 1922

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