Neer v. State Live Stock Sanitary Board
North Dakota Supreme Court
Action to restrain the killing of a diseased horse. Appeal from the District Court of McKenzie County, Honorable Frank Fisk, Judge. Judgment for defendant. Plaintiff appeals. To permit the destruction of the property here in question would amount to the taking of property without due process of law, and that the legislative act so authorizing is unconstitutional. Martin v. Tyler, 4 N. D. 278, 25 L. R. A. 838, 60 N. W. 392; Comp.
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Action to restrain the killing of a diseased horse. Appeal from the District Court of McKenzie County, Honorable Frank Fisk, Judge. Judgment for defendant. Plaintiff appeals. To permit the destruction of the property here in question would amount to the taking of property without due process of law, and that the legislative act so authorizing is unconstitutional. Martin v. Tyler, 4 N. D. 278, 25 L. R. A. 838, 60 N. W. 392; Comp. Laws 1913, §§ 2687, 2688. The board created by the selection of three experts to examine animals suspected of disease does not constitute a tribunal nor a court, in…
1Opinion
*369On Petition for Rehearing.
Per Curiam :
Plaintiff has filed a petition for rehearing. On such petition he presents two propositions:(1) He first contends that the legislature may not, even in the exercise of the police power, authorize the destruction of any animal, even though infected with dourine, unless such destruction is essential to protect the health or promote the collective welfare of the public.(2) He next contends that the mare involved in this action is not, in fact, infected with dourine, but is wholly free therefrom, and that the defendant board had no authority to order her…
2Cases cited8 opinions
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- State ex rel. Milwaukee Medical College v. ChittendenWisconsin Supreme Court · 1906
- Holmes v. StateCourt of Criminal Appeals of Oklahoma · 1911
- Herlihy v. DonohueMontana Supreme Court · 1916
- State v. SpeyerSupreme Court of Vermont · 1895
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