Legal Opinion

State ex rel. Wehe v. North Dakota Workmen's Compensation Bureau

North Dakota Supreme Court

Decided November 16, 1920PublishedCited by 6 opinions

Appeal from district court of Burleigh County, Nuessle, J. The petition is insufficient and the demurrer should be carried back to it. Rush v. Philadelphia, 62 Pa. Super. Ct. 84; Tribune Printing. & Binding Go. v. Barnes, 7 N. D. 591, 75 N. W. 904; Olay County v. Simonsen, 1 Dak. 387, 46 N. W. 592, adopted in 2 Dak. 112, 2 N. W. 260. The answer affirmatively shows the jurisdiction of the governor.

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Appeal from district court of Burleigh County, Nuessle, J. The petition is insufficient and the demurrer should be carried back to it. Rush v. Philadelphia, 62 Pa. Super. Ct. 84; Tribune Printing. & Binding Go. v. Barnes, 7 N. D. 591, 75 N. W. 904; Olay County v. Simonsen, 1 Dak. 387, 46 N. W. 592, adopted in 2 Dak. 112, 2 N. W. 260. The answer affirmatively shows the jurisdiction of the governor. Be Guden, 151 N. T. 529, 64 N. E. 451. A public officer appointed for a fixed term subject to removal, generally for cause, may be removed without notice and hearing. People v. Welty, 75 111. App.…

1Opinion of the CourtBirdzell, J.

The plaintiff filed a petition in the district court of Burleigh county for a writ of mandamus to compel the defendants to issue a warrant for $208.33 as the plaintiff’s salary attaching to the office of Workmen’s Compensation Commissioner for the month of April, 1920. Upon the petition the district court issued an order to show cause. On the return day an answer was filed in which it was alleged that the plaintiff had been removed from his office by the Governor acting under chapter- 162, Sess. Laws 1919. The answer also alleges the proceedings in connection with the removal in substance as…

2Cases cited3 opinions

  1. Ekern v. McGovernWisconsin Supreme Court · 1913
  2. State ex rel. Butler v. CallahanNorth Dakota Supreme Court · 1895
  3. State ex rel. Langer v. McDonaldNorth Dakota Supreme Court · 1919

3Cited by6 opinions

  1. State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
  2. State Ex Rel. Olson v. WelfordNorth Dakota Supreme Court · 1935
  3. State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
  4. State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
  5. State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921

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