Legal Opinion

State ex rel. Linde v. Hall

North Dakota Supreme Court

Decided September 11, 1916PublishedCited by 34 opinions

Original writ of this court is ordered issued to enjoin the secretary of state from submitting to vote a void proposition upon capital removal.

1Opinion of the CourtGoss, J.

This court issued an order to show cause why it should not issue an original writ of injunction to stay further proceedings in capital removal instituted by the filing with the secretary of state ©f a peti-. tion for submission of a proposed amendment to § 215 of the state Constitution. Relator asserts among other things that the second subdivision of § 202 of our state Constitution, purporting to authorize initiative and referendum amendment thereof, is not self-executing, and therefore that said petition is void, and that submission of any proposition thereunder should be enjoined.

Respondent…

2Cases cited55 opinions

  1. Marbury v. MadisonSupreme Court of the United States · 1803
  2. Pennock v. DialogueSupreme Court of the United States · 1829
  3. Kadderly v. PortlandOregon Supreme Court · 1903
  4. State ex rel. Attorney General v. CunningamWisconsin Supreme Court · 1892
  5. Caseday v. LindstromOregon Supreme Court · 1904

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3Cited by34 opinions

  1. Moore v. BrownSupreme Court of Missouri · 1942
  2. Goodland v. ZimmermanWisconsin Supreme Court · 1943
  3. State Ex Rel. Link v. OlsonNorth Dakota Supreme Court · 1979
  4. Sun Cab Co. v. CloudCourt of Appeals of Maryland · 1932
  5. Herr v. RudolfNorth Dakota Supreme Court · 1947

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