State ex rel. Wehe v. Frazier
North Dakota Supreme Court
Certiorari proceedings in District Court, Burleigh County, Nuessle, 3. to review the action of the Governor in removing the relator as a commissioner of the Workmen’s Compensation Bureau. The Governor has appealed from the order and from the judgment entered.
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Certiorari proceedings in District Court, Burleigh County, Nuessle, 3. to review the action of the Governor in removing the relator as a commissioner of the Workmen’s Compensation Bureau. The Governor has appealed from the order and from the judgment entered. Upon the refusal of the respondent to be sworn at the hearing to be examined as a witness as to matters material to the inquiry at the instance of the Governor, it was legal for the Governor to render judgment as upon nil elicit, confession or default. Comp. Laws 1913, § m This court has held that § 7870, providing for the examination of…
1Opinion of the Court
Statement.
Bronson, J.
This is a certiorari proceeding by the relator to test the validity of his removal by the Governor as a commissioner of the Workmen’s Compensation Bureau. The Governor has appealed from the order of the trial court overruling a motion and a demurrer to the application and, from the judgment in certiorari, determining the removal to be invalid. The facts in the record are as follows:
Pursuant to chapter 162, Laws of 1919, the Governor on March 31, 1919, appointed the relator as a commissioner of the Workmen’s Compensation Bureau for the three-year term. The relator…
2Cases cited34 opinions
- Mayor of Baltimore v. State ex rel. Board of PoliceCourt of Appeals of Maryland · 1860
- State ex rel. Hart v. Common CouncilSupreme Court of Minnesota · 1893
- Ekern v. McGovernWisconsin Supreme Court · 1913
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- Attorney General ex rel. Rich v. JochimMichigan Supreme Court · 1894
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3Cited by51 opinions
- Marine Forests Society v. California Coastal CommissionCalifornia Supreme Court · 2005
- Rockefeller v. HogueSupreme Court of Arkansas · 1968
- People v. ShawyerWyoming Supreme Court · 1924
- Wentz v. ThomasSupreme Court of Oklahoma · 1932
- State Ex Rel. Dreyer v. BrekkeNorth Dakota Supreme Court · 1947
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