Territory of Dakota ex rel. Wallace v. Woodbury
North Dakota Supreme Court
APPLICATION for an original writ of mandamus. The case was argued by W. E. Dodge, for relators, and by . Jesse A. Frye, states attorney for Stutsman county, for defendants. In the supreme court of the territory of Dakota, briefs had been filed by Dodge & Camp and John S. Watson, for relators, and by Roderick Rose, then district attorney, for the defendants.
Read the full summary
APPLICATION for an original writ of mandamus. The case was argued by W. E. Dodge, for relators, and by . Jesse A. Frye, states attorney for Stutsman county, for defendants. In the supreme court of the territory of Dakota, briefs had been filed by Dodge & Camp and John S. Watson, for relators, and by Roderick Rose, then district attorney, for the defendants. The latter contended that the granting of relief by mandamus rests-in the discretion of the court; citing 4 Hill 583; 13 Barb. 450; 1 Cow. 501; 2 Johns. 207.
1Opinion of the CourtCorliss, C. J.
This proceeding was instituted in the territorial supreme court to compel tlie defendants to levy a tax to pay a certain judgment recovered against the county of Stutsman. We are not called upon in this case to determine the question of our original jurisdiction of the writs specified in the constition, or the extent of such jurisdiction, if any. We take this case as the successor of the territorial supreme court. We are not asked to initiate jurisdiction by the writ of mandamus. The jurisdiction has already attached, and it is the duty' of this court, as the successor of the territorial…
2Cases cited2 opinions
- Harshman v. Knox CountySupreme Court of the United States · 1887
- State ex rel. McClellan v. GravesCourt of Appeals of Maryland · 1863
3Cited by6 opinions
- Fargo Ed. Ass'n v. PaulsenNorth Dakota Supreme Court · 1976
- State Bank of Burleigh County Trust Co. v. City of BismarckNorth Dakota Supreme Court · 1982
- State ex rel. Wiles v. AlbrightNorth Dakota Supreme Court · 1901
- Bibb v. GastonSupreme Court of Alabama · 1906
- State v. WiseSuperior Court of Delaware · 1938
1 more not listed; retrieve them via the Exa API.