Legal Opinion

Schouweiler v. Allen

North Dakota Supreme Court

Decided October 8, 1908PublishedCited by 13 opinions

Original application for writ of certiorari by B. W. Schouweiler and others to be directed to Frank P. Allen and others. Persons not parties below, having an interest in the proceeding to be reviewed may apply for certiorari. Champion v. Com’rs, 5 Dak. 416, 41 N. W. 739; State v. Rose, 4 N. D. 319, 58 N. W. 514; ■6 Cyc. 767, 768, 769. Intervention must be before entry of judgment.

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Original application for writ of certiorari by B. W. Schouweiler and others to be directed to Frank P. Allen and others. Persons not parties below, having an interest in the proceeding to be reviewed may apply for certiorari. Champion v. Com’rs, 5 Dak. 416, 41 N. W. 739; State v. Rose, 4 N. D. 319, 58 N. W. 514; ■6 Cyc. 767, 768, 769. Intervention must be before entry of judgment. Revised Codes 1905, section 6825; Carey v. Brown, 58 Cal. 180; Plocker v. Kelley, 14 Cal. 165; Owens v. Colgan, 32 Pac. 519; Foerny v. Ball, 6 La. Ann. 685. Courts will not dispose of a case at the will of the…

1Opinion of the CourtSpalding, J.

This is an application for a writ of certiorari or other proper writ to be directed to the judge of the district court of the Fourth judicial district, the clerk of that court for Richland county, the officers of the Fairmount school district, and T. P. Williams. SA11 the records in the action sought to be reviewed are before us, and the application may be considered on its merits.

April 30, 1907, a special election was held in the Fairmount school district on the proposition of issuing the bonds of that district in the amount of $18,000, for the purpose of building a new schoolhouse with the…

2Cases cited12 opinions

  1. Elliott v. Superior CourtCalifornia Supreme Court · 1904
  2. Kelley v. MilanSupreme Court of the United States · 1888
  3. Balch v. BeachWisconsin Supreme Court · 1903
  4. Ætna Insurance v. AldrichWisconsin Supreme Court · 1875
  5. Kane v. Independent School District of Rock RapidsSupreme Court of Iowa · 1891

7 more not listed; retrieve them via the Exa API.

3Cited by13 opinions

  1. Durgin v. BrownSupreme Court of New Jersey · 1962
  2. Racine-Sattley Manufacturing Co. v. PavlicekNorth Dakota Supreme Court · 1911
  3. Williams v. Fairmount School DistrictNorth Dakota Supreme Court · 1911
  4. State ex rel. Red River Brick Corp. v. District CourtNorth Dakota Supreme Court · 1912
  5. Bjerken v. Ames Sand and Gravel CompanyNorth Dakota Supreme Court · 1973

8 more not listed; retrieve them via the Exa API.

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