State ex rel. Miller v. Hall
North Dakota Supreme Court
Appeal from a judgment of the District Court for Burleigh County ¡, Nuessle, J. Statement by Spalding, Oh. J. This action was brought in the district court of Burleigh county, in the name of the state on the relation of the attorney general, and S. F. Knight, against the secretary of state, state treasurer, state auditor, as the commissioners of public printing, for the state, for the purpose of enjoining and restraining the defendants from delivering to the Dakota Printing…
Read the full summary
Appeal from a judgment of the District Court for Burleigh County ¡, Nuessle, J. Statement by Spalding, Oh. J. This action was brought in the district court of Burleigh county, in the name of the state on the relation of the attorney general, and S. F. Knight, against the secretary of state, state treasurer, state auditor, as the commissioners of public printing, for the state, for the purpose of enjoining and restraining the defendants from delivering to the Dakota Printing & Stationery Company, a corporation, of Bismarck, North Dakota, any of the public printing within the third and fourth…
1Opinion of the Court
Spalding, Ch. J.
It is first contended that the pl-aintiff-relator cannot maintain this action, for the reason that the rights sought to be secured are private only. We are of the opinion that the relator is qualified to bring this action. He is interested as a taxpayer and as a citizen, and it would seem that there must be someone who may champion the interests of the state in case the attorney general, as in this case, refuses to do so. We need not discuss the subject further, because we have so recently passed upon it in State ex rel. McCue v. *95Blaisdell, 18 N. D. 55, 24 L.R.A.(N.S.) 465,…
2Cases cited2 opinions
- State v. BlaisdellNorth Dakota Supreme Court · 1908
- Frame v. FelixSupreme Court of Pennsylvania · 1895
3Cited by4 opinions
- Asplund v. HannettNew Mexico Supreme Court · 1926
- Larson v. WoodNorth Dakota Supreme Court · 1946
- Abbell v. United StatesUnited States Court of Claims · 1958
- Abbell v. United StatesUnited States Court of Claims · 1958