State ex rel. Minehan v. Meyers
North Dakota Supreme Court
Appeal from District Court, McLean county; Winchester, J. Mandamus by the State, on the relation of M. F. Minehan against Paul F. Meyers, as County Auditor of McLean county. Judgment for relator and defendant appeals. Where averments are “indefinite,” remedy is motion to make definite and certain. Rev. Codes 1905, Sec. 6870; Yerkes v. Crum, 2 N. D. 72, 49 N. W. 422; Johnson v. Great No. Ry.
Read the full summary
Appeal from District Court, McLean county; Winchester, J. Mandamus by the State, on the relation of M. F. Minehan against Paul F. Meyers, as County Auditor of McLean county. Judgment for relator and defendant appeals. Where averments are “indefinite,” remedy is motion to make definite and certain. Rev. Codes 1905, Sec. 6870; Yerkes v. Crum, 2 N. D. 72, 49 N. W. 422; Johnson v. Great No. Ry. Co., 12 N. D. 420, 97 N. W. 546; Tilton v. Beecher, 59 N. Y. 176;, Lee v. Minneapolis & St.- L. Ry. Co., 25 N. W. 399; Bliss on Code Pleadings, Sec. 425. Being demurrable does not make allegations…
1Opinion of the CourtFisk, J.
This is an appeal from an order of judgment of the district court awarding to relator a peremptory writ of mandamus, commanding defendant to make his certificate to the Secretary of State, as prescribed by chapter 6S, Laws 1907, relative to the division and organization of counties. Such proceedings were initiated by the issuance and service of an alternative writ reciting, in substance, the following facts: That on November SI,. 1907, plaintiff and other electors of McLean county, presented to the board of county commissioners of such county a petition for the formation of the new county of…
2Cases cited6 opinions
- Bolton v. DonavanNorth Dakota Supreme Court · 1900
- State ex rel. Bickford v. FabrickNorth Dakota Supreme Court · 1907
- Oliver v. WilsonNorth Dakota Supreme Court · 1899
- Mooney v. DonovanNorth Dakota Supreme Court · 1899
- Township of Noble v. AasenNorth Dakota Supreme Court · 1898
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Dow v. LillieNorth Dakota Supreme Court · 1914
- Red River Valley Brick Co. v. City of Grand ForksNorth Dakota Supreme Court · 1914
- State ex rel. Minehan v. ThompsonNorth Dakota Supreme Court · 1912
- Acker v. HerfurthCourt of Appeals for the D.C. Circuit · 1939
- Cornelius v. City of FargoNorth Dakota Supreme Court · 1955
4 more not listed; retrieve them via the Exa API.