Lorentzen v. Stiles
North Dakota Supreme Court
An appeal from a judgment of the District court of Sioux county, Pugh, J. The statute is explicit that the publication must be for thirty days. In this case even counting the first and last days, it would not exceed 29 days. The statute says that the publication must be for thirty days, and under the interpretations of our court, “for thirty days” means throughout, through, during the continuance of thirty days.
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An appeal from a judgment of the District court of Sioux county, Pugh, J. The statute is explicit that the publication must be for thirty days. In this case even counting the first and last days, it would not exceed 29 days. The statute says that the publication must be for thirty days, and under the interpretations of our court, “for thirty days” means throughout, through, during the continuance of thirty days. Dever v. Cornwell 10 N. D. 123, 86 N. W. 227. It is invariably held, that such statutes, which are provided a safeguard to the taxpayer against private rapacity and official…
1ConcurrenceBronson, J.
I am of the opinion that the appeal should be dismissed because the question presented is moot through *1209the manner in which the injunctional order was vacated. See Sayre v. Village of Alsen (N. D.) 189 N. W. 240, and cases there cited. I am also of the opinion that the trial court did not err in dismissing the action upon its merits. See Boettcher v. McDowell, 43 N. D. 178, 174 N. W. 759.
2Cases cited2 opinions
- Boettcher v. McDowallNorth Dakota Supreme Court · 1919
- Sayre v. Village of AlsenNorth Dakota Supreme Court · 1922