McDermont v. Dinnie
North Dakota Supreme Court
Appeal from District Court, Grand Forks County; Templeton, J. Application by F. H. McDermont against John Dinnie, as mayor, and Frank A. Brown, as city auditor, of the City of Grand Forks, for a writ of mandamus. From a judgment for plaintiff, defendants appeal. The jurisdiction attempted to be conferred upon municipal courts, cannot be conferred under the constitution. Sections 85, 113, Const.
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Appeal from District Court, Grand Forks County; Templeton, J. Application by F. H. McDermont against John Dinnie, as mayor, and Frank A. Brown, as city auditor, of the City of Grand Forks, for a writ of mandamus. From a judgment for plaintiff, defendants appeal. The jurisdiction attempted to be conferred upon municipal courts, cannot be conferred under the constitution. Sections 85, 113, Const. The powers of police magistrates are expressly conferred, defined and enumerated in the constitution and this jurisdiction cannot be wiped out or supei'ceded by legislation. Platteville v. Bell, 28 N.…
1Opinion of the CourtBartholomew, J.
Section 2209 of the Revised Codes reads as follows: “A municipal court is hereby established in each incorporated city of this state, having a population of five thousand inhabitants or over. Such municipal courts shall have in addition to the jurisdiction hereinafter conferred, exclusive jurisdiction of all violations of ordinances of the city in which it is established and' from the time of its creation all the jurisdiction and the powers heretofore exercised by police magistrates in such cities shall cease. Such court shall be a court of record and have a clerk and a seal, and its…
2Cases cited7 opinions
- Martin v. TylerNorth Dakota Supreme Court · 1894
- People Ex Rel. Townsend v. PorterNew York Court of Appeals · 1882
- State ex rel. Diebold Safe & Lock Co. v. GetchellNorth Dakota Supreme Court · 1893
- Wenzler v. . People of the State of N.Y.New York Court of Appeals · 1874
- Quinlon v. RogersMichigan Supreme Court · 1863
2 more not listed; retrieve them via the Exa API.
3Cited by20 opinions
- State Ex Rel. Johnson v. BakerNorth Dakota Supreme Court · 1945
- State ex rel. University of Utah v. CandlandUtah Supreme Court · 1909
- Corsicana Cotton Mills, Inc. v. SheppardTexas Supreme Court · 1934
- Rhea v. NewmanCourt of Appeals of Kentucky · 1913
- State Ex Rel. Minot v. GronnaNorth Dakota Supreme Court · 1953
15 more not listed; retrieve them via the Exa API.