Bartels Northern Oil Co. v. Jackman
North Dakota Supreme Court
Appeal from orders of tbe District Court of Grand Dorks County; Honorable Chas. M. Gooley, J. Statement by SpaldiNO, Oh.
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Appeal from orders of tbe District Court of Grand Dorks County; Honorable Chas. M. Gooley, J. Statement by SpaldiNO, Oh. J. A synopsis of tbe allegations of tbe complaint of tbe respondents in this case shows them to be to tbe effect tbat tbe plaintiff is a domestic corporation doing business in tbis state in tbe sale of oils from sis different plants located in different' counties, with its principal place of business at Grand Forks; tbat by cbap. 214 of tbe Laws of 1913, a process and proceedings for tbe inspection of refined petroleum oils and gasolenes were provided, and a state inspector…
1Opinion of the Court
SpaldiNg, Ch. J.
(after stating the facts as above). The attorney general, for the purposes of this decision only, admits the unconstitutionality of the law, and contends that the court has no jurisdiction of the subject of this action. The first ground for this contention is that it is an attempt to enjoin the execution of a public statute by officers of the law for the public benefit.
1. Assuming that the respondent has no adequate remedy at law, a suit for an injunction will lie to test the validity of a statute or the lawfulness of the exercise of the powers conferred upon the officer…
2Cases cited18 opinions
- Osborn v. Bank of United StatesSupreme Court of the United States · 1824
- Pennoyer v. McConnaughySupreme Court of the United States · 1891
- General Oil Co. v. CrainSupreme Court of the United States · 1908
- Board of Liquidation v. McCombSupreme Court of the United States · 1876
- Donovan v. Pennsylvania Co.Supreme Court of the United States · 1905
13 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Federal Land Bank v. KoslofskyNorth Dakota Supreme Court · 1936
- State ex rel. Gaulke v. TurnerNorth Dakota Supreme Court · 1917
- Viestenz v. Arthur TownshipNorth Dakota Supreme Court · 1952
- Goer v. TaylorNorth Dakota Supreme Court · 1924
- Standard Oil Co. v. GravesWashington Supreme Court · 1917
11 more not listed; retrieve them via the Exa API.