Legal Opinion · Dissent

McGregor v. Great Northern Railway Co.

North Dakota Supreme Court

Decided April 30, 1919Published

Appeal from District Court of Ward County, Leighton, J. “Interpleader or intervention will not serve to dismiss tbe original defendant.” Comp. Laws, § 7413. Order No. 50 by McAdoo is absolutely void. The power to determine what shall be the law cannot be conferred. State v. Young, 29 Minn. 474; State v. It.

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Appeal from District Court of Ward County, Leighton, J. “Interpleader or intervention will not serve to dismiss tbe original defendant.” Comp. Laws, § 7413. Order No. 50 by McAdoo is absolutely void. The power to determine what shall be the law cannot be conferred. State v. Young, 29 Minn. 474; State v. It. Co. 38 Minn. 281; Ke Wilson, 32 Minn. 145; United States v. United Verde Copper Co. 196 U. S. 297; Thorton v. Territory, 17 Pae. 896; United States v. Grimaud, 220 U. S. 506. “Congress had the power to delegate the rights to the President or his representatives to issue order No. 50…

1DissentBronson, J.

In order to give full consideration to the determination made by the majority opinion of this court it is •deemed necessary and proper to restate the facts of the record herein.

This action was instituted in the name of Yallie Hanson, as administratrix, by service of process on March 2, 1918, upon the agent of the Great Northern Railway Company, and, on March 4, 1918, upon Neis Nelson and Edward Hall, additional defendants named in the action. The complaint alleges that the deceased, Christ Hanson, while •employed as a carpenter by the Great Northern Railway Company, and while engaged in…

2Cases cited21 opinions

  1. Mondou v. New York, New Haven & Hartford RailroadSupreme Court of the United States · 1912
  2. Selective Draft Law CasesSupreme Court of the United States · 1918
  3. United States v. NixonSupreme Court of the United States · 1914
  4. Rutherford v. Union Pac. R.District Court, D. Nebraska · 1919
  5. Vaughn v. StateAlabama Court of Appeals · 1919

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