Legal Opinion · Dissent

Petters v. Charlson Estate

North Dakota Supreme Court

Decided April 6, 1939No. File No. 6597Published

1DissentChristianson, J.

I dissent. In my opinion the order appealed from should be affirmed.

The enactment of chapter 161, Laws 1937, was an exercise by the state of its police power, to protect vital public interests, to promote public security, and to add to the general public convenience and welfare. This power was put forth by the state to meet what the lawmakers, almost unanimously, 1 determined to be a “great public need,” and in aid of what “strong and preponderant opinion” held “to be greatly and immediately necessary to the public welfare.” Noble State Bank v. Haskell, 219 U. S. 104, 55 L. ed. 112, 31 S. Ct.…

2Cases cited6 opinions

  1. Home Building & Loan Assn. v. BlaisdellSupreme Court of the United States · 1934
  2. Noble State Bank v. HaskellSupreme Court of the United States · 1911
  3. North Dakota Horse & Cattle Co. v. SerumgardNorth Dakota Supreme Court · 1908
  4. First National Bank v. KnaussNorth Dakota Supreme Court · 1938
  5. Fort Wayne Builders Supply Co. v. PfeifferIndiana Court of Appeals · 1916

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