Coler v. Coppin
North Dakota Supreme Court
Appeal from District Court, Richland County; Lauder, J. Application by William N. Coler and W. N. Coler, Jr., co-partners as W. N. Coler & Co., for a peremptory writ of mandamus to compel the payment of a judgment held by plaintiffs against Alfred Coppin and others, as directors of Dwight School Township, Richland County. From a final judgment denying the writ, plaintiffs appeal.
1Opinion of the CourtCorliss, C. J.
On the threshold of this case, we feel it our duty frankly to admit that the criticism of the learned counsel for the respondents on our opinion in the case of Coler v. School Tp., 3 N. D. 249, 55 N. W. Rep. 587, is fully justified. On reflection, we are satisfied that we were in error in the views therein expressed, that the defendant therein could be held liable without showing that the steps mentiond in sections 137 to 141 of chapter 44 of the Laws of 1883 had all been taken. But the decision of that case was right on the facts before us, though our reasoning in the opinion cannot be…
2Cases cited1 opinion
- Wm. N. Coler & Co. v. Dwight School TownshipNorth Dakota Supreme Court · 1893
3Cited by1 opinion
- Coler v. CoppinNorth Dakota Supreme Court · 1901