Standard Oil Co. v. Engel

The plaintiff petitioned the district court of Burleigh county for a writ of mandamus to coerce the defendants the depositors’ guaranty fund commission of the state of North Dakota to allow its claims as a depositor in insolvent closed banks against the guaranty fund. The court issued an alternative writ. On the return day the defendants appeared and moved to quash the writ and dismiss the action on the ground that the court had no jurisdiction of the defendants or of the subject matter and that the petition did not set out facts sufficient to warrant the court in issuing the writ. The court…