Robinson v. McKinney
Supreme Court Of The Territory Of Dakota
Appeal from the district court of Lawrence county. The constitution of the United States declares no person shall be ‘ ‘deprived of life, liberty or property without due process of law.” The legislature cannot pass any law inconsistent with the constitution or laws of the United States.
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Appeal from the district court of Lawrence county. The constitution of the United States declares no person shall be ‘ ‘deprived of life, liberty or property without due process of law.” The legislature cannot pass any law inconsistent with the constitution or laws of the United States. Organic Act, Sec. 1851. What is due process of law? It is defined by Bouvier: “So denominated because it proceeds or issues forth in order to bring the defendant into court to answer the charge preferred against him, and signifies the writ or judicial means by which he is brought to answer.” See also the cases…
1Opinion of the CourtTripp, C. J.
This was an action brought in the district court of Lawrence county by the plaintiff, John M. Robinson, to recover possession of certain real property in the city of Deadwood, claiming to be the owner thereof by virtue of cer • tain foreclosure proceedings of mortgage, by advertisement, under the C°de of Civil Procedure. The defendants interpose two defenses by their answer: (1) That the statute giving the right of foreclosure by advertisement is unconstitutional and void, in that it deprives the mortgagor of his property “with*293out due process of law;” and (2) that the debt which the mortgage…
2Cited by6 opinions
- Grove v. Great Northern Loan Co.North Dakota Supreme Court · 1908
- Northwestern Mortgage Trust Co. v. BradleySouth Dakota Supreme Court · 1897
- Melton v. SnowSupreme Court of Oklahoma · 1909
- Heiser v. RodwaySouth Dakota Supreme Court · 1976
- Heiser v. RodwaySouth Dakota Supreme Court · 1976
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