State ex rel. Wehe v. Frazier
North Dakota Supreme Court
Appeal from the District Court of Burleigh County, Nuessle, J. Defendant appeals from an order denying motions for an amendment and modification of a judgment. Per Curiam Opinion. There can be no doubt that at its inception the suspension was valid. The power to suspend an officer is incidental to the power to remove for cause. 29 Cyc. (Officers) 1405; State v. Megaarden, 85 Minn. 41, 88 N. W. 412; 89 Am.
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Appeal from the District Court of Burleigh County, Nuessle, J. Defendant appeals from an order denying motions for an amendment and modification of a judgment. Per Curiam Opinion. There can be no doubt that at its inception the suspension was valid. The power to suspend an officer is incidental to the power to remove for cause. 29 Cyc. (Officers) 1405; State v. Megaarden, 85 Minn. 41, 88 N. W. 412; 89 Am. St. Rep. 334; State v. Peterson, 50 Minn. 244; 52 N. W. =655; Chase v. Providence, 36 R. I. 331, 89 Atlantic 1066; Am. Cas. 1916 C. 1257; Griner v. Thomas, 101 Tex., 36; 104 S. W. 1058, 69,…
1Per curiam
This is a sequel to State ex rel. Wehe v. Frazier, 182 N. W. 545, wherein this court modified and affirmed a judgment of the district court of Burleigh county. After the remittitur was sent down, the district court made an order for judgment, pursuant to which judgment was entered in that court. Subsequently, the attorneys appearing for the Governor moved that the order for judgment and the judgment be amended and modified in certain particulars, which will hereinafter be noted. These motions were denied, and the Governor has appealed from the orders denying such motions.
This litigation arose…
2Cases cited12 opinions
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- United States v. WickershamSupreme Court of the United States · 1906
- State ex rel. Reid v. WalbridgeSupreme Court of Missouri · 1894
- State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
- People ex rel. Metevier v. TherrienMichigan Supreme Court · 1890
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3Cited by5 opinions
- Pearce v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1938
- Colter v. DillNorth Dakota Supreme Court · 1923
- Wallace v. North Dakota Workmen's Compensation BureauNorth Dakota Supreme Court · 1940
- Weigel v. Powers Elevator Co.North Dakota Supreme Court · 1924
- Jacobson v. Mutual Benefit Health & Accident Ass'nNorth Dakota Supreme Court · 1942