Legal Opinion

State ex rel. Mountrail County v. Amundson

North Dakota Supreme Court

Decided March 20, 1912PublishedCited by 5 opinions

Appeal from District Court, Ward County; Charles F. Templeton, Special Judge. Mandamus by tbe state, on tbe relation of Mountrail courty and others against Arne Amundson and others, as members of the board of county commissioners of the county of Ward. From the judgment directing the terms of settlement between the counties, both parties appeal.

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Appeal from District Court, Ward County; Charles F. Templeton, Special Judge. Mandamus by tbe state, on tbe relation of Mountrail courty and others against Arne Amundson and others, as members of the board of county commissioners of the county of Ward. From the judgment directing the terms of settlement between the counties, both parties appeal. If the legislature does not otherwise provide, it will be presumed that the counties are to be continued precisely as they were created by the division, the old county subject to its former liabilities and owning its property, and the new county…

1Opinion of the CourtFisk, J.

The facts necessary to a correct understanding of the questions involved on these appeals are not seriously in dispute, nearly all of such facts having been stipulated. In brief they are as follows:

Mountrail county, which was formerly embraced within the territory of Ward county, was, at the general election in 1908, duly segregated therefrom and set apart as Mountrail county pursuant to law. Such new county was organized in January, 1909, and thereafter the commissioners of the two counties met pursuant to law and attempted to effect *241a settlement of the property and indebtedness between the…

2Cases cited5 opinions

  1. People Ex Rel. Van Keuren v. Board of Town AuditorsNew York Court of Appeals · 1878
  2. Karr v. Board of CommissionersIndiana Supreme Court · 1908
  3. Vail v. Town of AmeniaNorth Dakota Supreme Court · 1894
  4. County of Burleigh v. County of KidderNorth Dakota Supreme Court · 1910
  5. Inhabitants of Freedom v. WeedSupreme Judicial Court of Maine · 1885

3Cited by5 opinions

  1. State ex rel. Judith Basin County v. PolandMontana Supreme Court · 1921
  2. State ex rel. Furnish v. MullendoreMontana Supreme Court · 1916
  3. Board of Commissioners v. Board of CommissionersWyoming Supreme Court · 1917
  4. Rex Township v. Bailey TownshipSouth Dakota Supreme Court · 1929
  5. Rex Twp. v. Bailey Twp.South Dakota Supreme Court · 1929

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