Legal Opinion · Dissent

State ex rel. Wehe v. Frazier

North Dakota Supreme Court

Decided March 12, 1921Published

Certiorari proceedings in District Court, Burleigh County, Nuessle, 3. to review the action of the Governor in removing the relator as a commissioner of the Workmen’s Compensation Bureau. The Governor has appealed from the order and from the judgment entered.

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Certiorari proceedings in District Court, Burleigh County, Nuessle, 3. to review the action of the Governor in removing the relator as a commissioner of the Workmen’s Compensation Bureau. The Governor has appealed from the order and from the judgment entered. Upon the refusal of the respondent to be sworn at the hearing to be examined as a witness as to matters material to the inquiry at the instance of the Governor, it was legal for the Governor to render judgment as upon nil elicit, confession or default. Comp. Laws 1913, § m This court has held that § 7870, providing for the examination of…

1DissentGrace, J.

This is an appeal from an order of the district court, overruling the motion and demurrer of the defendant, Lynn J. Frazier, as the Governor of the State of North Dakota, interposed to plaintiff’s petition for a writ of certiorari. Defendant challenges the jurisdiction of the court over him as Governor, with reference to the matters therein involved, and its authority and jurisdiction to issue the writ of certiorari, and to adjudge the respondent unlawfully removed from office and reinstating him. This opinion deals only with appointive offices. No question relating to elective or…

2Cases cited25 opinions

  1. Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
  2. Davidson v. New OrleansSupreme Court of the United States · 1878
  3. Ex Parte WallSupreme Court of the United States · 1883
  4. Taylor and Marshall v. BeckhamSupreme Court of the United States · 1900
  5. McMillen v. AndersonSupreme Court of the United States · 1877

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