May v. Cass County
North Dakota Supreme Court
Appeal from District Court, Cass County; Charles A. Pollock, J. Action by C. B. May and others against Cass County and others.. Judgment for defendants, and plaintiffs appeal. Powers derived wholly from a statute are extinguished by its repeal. If a proceeding is in progress when the statute is repealed,, and the powers it confers cease, it fails, for it cannot be pursued.. Sutherland on Statutory Construction, section 165 and cases cited..
Read the full summary
Appeal from District Court, Cass County; Charles A. Pollock, J. Action by C. B. May and others against Cass County and others.. Judgment for defendants, and plaintiffs appeal. Powers derived wholly from a statute are extinguished by its repeal. If a proceeding is in progress when the statute is repealed,, and the powers it confers cease, it fails, for it cannot be pursued.. Sutherland on Statutory Construction, section 165 and cases cited.. Veats v. Danbury, 37 Conn. 412; Gilleland v. Schuyler, 9 Kan. 569; New London Northern R. R. Co. v. Boston, 102 Mass. 389; Petition-of Fenelon, 7 Pa. St.…
1Opinion of the CourtYoung, C. J.
The plaintiffs instituted this action in the district court of Cass county for the purpose of canceling certain twenty-year drainage bonds issued by the county commissioners of that; county to defray the cost of constructing Argusville drain No. 13 and to enjoin the officers of that county from making assessments-to pay the same. The alleged illegality of the bonds in question is based upon the fact that prior to their execution and delivery, and. on July 1, 1901, the law authorizing the issuance of twenty-year-bonds (section 1474, Rev. Codes 1899) was amended, and the time; for which such…
2Cases cited15 opinions
- People ex rel. McCauley & Tevis v. BrooksCalifornia Supreme Court · 1860
- Page v. HardinCourt of Appeals of Kentucky · 1848
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- Smith v. Bourbon CountySupreme Court of the United States · 1888
- County of Moultrie v. Rockingham Ten-Cent Savings-BankSupreme Court of the United States · 1876
10 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Sitte v. PaulsonNorth Dakota Supreme Court · 1927