State ex. rel. Dakota Trust Co. v. Stutsman
North Dakota Supreme Court
Appeal by defendants from a judgment of tbe District Court for Burleigh County, Winchester, J., awarding a writ of prohibition enjoining them from an alleged abuse of discretion in the matter of bonds furnished by public warehousemen in support of elevator licenses.
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Appeal by defendants from a judgment of tbe District Court for Burleigh County, Winchester, J., awarding a writ of prohibition enjoining them from an alleged abuse of discretion in the matter of bonds furnished by public warehousemen in support of elevator licenses. Statement by Bbucb, J. This action was originally brought in the form of a petition for a writ of prohibition against the board of railroad commissioners of the state of North Dakota to prohibit them from exercising what is claimed to be usurped and unwarranted powers. The petition alleged, among other things, that the plaintiff…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The stipulation entered into by the parties cannot be carried out by this court. The original proceeding was a proceeding for a writ of prohibition. No petition for mandamus was presented to the trial court, and to allow the proceeding to be converted into a proceeding for mandamus in this *77court would be for us to assert an original jurisdiction, which the Constitution has not granted to us. As far, too, as the writ of prohibition is concerned, the question is now largely a moot question, the original bonds having expired. The questions involved, however,…
2Cases cited22 opinions
- Decatur v. PauldingSupreme Court of the United States · 1840
- Coleman v. MacLennanSupreme Court of Kansas · 1908
- Flournoy v. City of JeffersonvilleIndiana Supreme Court · 1861
- Boise City Irr. & Land Co. v. ClarkCourt of Appeals for the Ninth Circuit · 1904
- Wilkins v. StateIndiana Supreme Court · 1888
17 more not listed; retrieve them via the Exa API.
3Cited by24 opinions
- Karl Rove & Company v. Richard Thornburgh, Richard Thornburgh, Cross-Appellee, and Raymond P. Dimuzio, Defendant-Cross-AppelleeCourt of Appeals for the Fifth Circuit · 1994
- O'Laughlin v. CarlsonNorth Dakota Supreme Court · 1915
- State Ex Rel. Yakima Amusement Co. v. Yakima CountyWashington Supreme Court · 1937
- State Ex Rel. Olson v. MaxwellNorth Dakota Supreme Court · 1977
- Doering v. SwobodaWisconsin Supreme Court · 1934
19 more not listed; retrieve them via the Exa API.