Legal Opinion

State ex rel. Rusk v. Budge

North Dakota Supreme Court

Decided November 1, 1905PublishedCited by 15 opinions

Application by the State, on the relation of George Rusk, for a writ of'injunction against William Budge and others, as members of the board of state capítol commissioners. Certificates of indebtedness, whether in shape of bonds or otherwise, issued by any unincorporated board of officials is indebtedness of the state. State ex rel. vs. McMillan, 12 N. D. 280, 96 N. W. 310; Sackett v. City of New Albany, 45 Am.

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Application by the State, on the relation of George Rusk, for a writ of'injunction against William Budge and others, as members of the board of state capítol commissioners. Certificates of indebtedness, whether in shape of bonds or otherwise, issued by any unincorporated board of officials is indebtedness of the state. State ex rel. vs. McMillan, 12 N. D. 280, 96 N. W. 310; Sackett v. City of New Albany, 45 Am. Rep. 467; Beard v. City of Hopkinsville, 23 L. R. A. 402; Grant v. Davenport, 36- Iowa, 396; Council Bluffs v. Stewart ,51 Iowa, 395; Litchfield v. Ballou, 114 U. S. 190, 29 L. Ed.…

1Opinion of the CourtMorgan, C. J.

The relator seeks a permanent injunction restraining the defendants from further proceeding towards the remodeling and reconstruction of the capitol building of the state of North Dakota, and from all other proceedings by said board provided for by chapter 166, p. 297, Laws 1905. Said chapter provides for the appointment by the governor of a board of capitol commissioners, consisting of three persons. It provides that such board shall have power to make a contract for the remodeling and reconstruction of the capitol of the state of North Dakota, and for the erection of a governor’s residence…

2Cases cited14 opinions

  1. Hitchcock v. GalvestonSupreme Court of the United States · 1878
  2. Dowling v. Lancashire InsuranceWisconsin Supreme Court · 1896
  3. O'Neil v. Am. Fire Ins.Supreme Court of Pennsylvania · 1895
  4. State ex rel. Wyatt v. AshbrookSupreme Court of Missouri · 1900
  5. State ex rel. Luley v. SimonsSupreme Court of Minnesota · 1884

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3Cited by15 opinions

  1. State ex rel. City of Fargo v. WetzNorth Dakota Supreme Court · 1918
  2. State v. BrownNorth Dakota Supreme Court · 2009
  3. State ex rel. Bonsteel v. AllenSupreme Court of Florida · 1922
  4. Betts v. Commissioners of the Land OfficeSupreme Court of Oklahoma · 1910
  5. Wilder v. MurphyNorth Dakota Supreme Court · 1928

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