Green v. Frazier
North Dakota Supreme Court
Appeal from the District Court of Burleigh County, Honorable W. L, Nuessle, Judge. From an order sustaining a demurrer to the complaint plaintiffs appeaL “When a government becomes a partner in any trading company it devests itself, so far as concerns the transactions of that company, of its sovereign character and takes that of a private citizen.
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Appeal from the District Court of Burleigh County, Honorable W. L, Nuessle, Judge. From an order sustaining a demurrer to the complaint plaintiffs appeaL “When a government becomes a partner in any trading company it devests itself, so far as concerns the transactions of that company, of its sovereign character and takes that of a private citizen. Instead of communicating to the company its privileges and prerogatives, it descends to the level with those with whom it associated, and to the business which is to be transacted. . . . The government by becoming a co-operator lays down its…
1Opinion of the CourtGrace, J.
This action was commenced by the plaintiffs, in the county of Cass, to procure an injunction to restrain the defendants, each of whom is a state officer of the state of North Dakota, from disbursing certain public funds in the state treasury, aggregating perhaps several hundred thousand dollars; and, further, to restrain the defendants from issuing certain state bonds, and to have declared invalid, null and void, certain amendments of the state Constitution, and certain statutes authorizing the disbursing of such money, and the execution, sale, and delivery of such bonds. The venue of the…
2Cases cited10 opinions
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Clark v. NashSupreme Court of the United States · 1905
- Hairston v. Danville & Western Railway Co.Supreme Court of the United States · 1908
- Strickley v. Highland Boy Gold Mining Co.Supreme Court of the United States · 1906
- Jones v. City of PortlandSupreme Court of the United States · 1917
5 more not listed; retrieve them via the Exa API.
3Cited by39 opinions
- Matter of N.Y. City H. Authority v. MullerNew York Court of Appeals · 1936
- Williamson v. Housing AuthoritySupreme Court of Georgia · 1938
- Chapman v. Huntington, West Virginia, Housing AuthorityWest Virginia Supreme Court · 1939
- Spahn v. StewartCourt of Appeals of Kentucky (pre-1976) · 1937
- Ferch v. Housing Authority of Cass CountyNorth Dakota Supreme Court · 1953
34 more not listed; retrieve them via the Exa API.