State ex rel. Linde v. Taylor
North Dakota Supreme Court
Original proceedings in this court by tbe State on tbe relation of B. Y. Moore, for tbe issuance of a writ prohibiting and énjoining tbe Commissioner of Insurance, State Treasurer, and State Examiner from establishing and operating a state bonding fund, as required by chapter 62, Laws of 1915. Tbe act contains an unwarranted delegation of judicial power to tbe state examiner and to tbe commissioner of insurance. State ex rel.
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Original proceedings in this court by tbe State on tbe relation of B. Y. Moore, for tbe issuance of a writ prohibiting and énjoining tbe Commissioner of Insurance, State Treasurer, and State Examiner from establishing and operating a state bonding fund, as required by chapter 62, Laws of 1915. Tbe act contains an unwarranted delegation of judicial power to tbe state examiner and to tbe commissioner of insurance. State ex rel. Miller v. Taylor, 21 N. D. 11, 145 N. W. 428. Tbis is a proceeding not in rein, but in personam. Tbe only way to secure personal service is to make such service…
1Opinion of the CourtChristianson, J.
This is an original proceeding in this court against the commissioner of insurance, state treasurer, and state examiner to prevent them from putting into operation chapter 62 of the Session Laws of 1915, on the ground that this act is unconstitutional.
This act establishes a state bonding fund for the purpose of bonding such county, city, village, school district, and township officers as are, or may hereafter be required by law, to furnish official bonds; provides the form of bond, the amount of premiums to be paid, and fixes the maximum amount of any bond to be written at $50,000; and…
2Cases cited100 opinions
- Flint v. Stone Tracy Co.Supreme Court of the United States · 1911
- Den Ex Dem. Murray v. Hoboken Land & Improvement Co.Supreme Court of the United States · 1856
- Hadacheck v. SebastianSupreme Court of the United States · 1915
- Noble State Bank v. HaskellSupreme Court of the United States · 1911
- German Alliance Insurance v. LewisSupreme Court of the United States · 1914
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3Cited by113 opinions
- Lang v. City of CavalierNorth Dakota Supreme Court · 1930
- State v. First State Bank of JudNorth Dakota Supreme Court · 1924
- State ex rel. City of Fargo v. WetzNorth Dakota Supreme Court · 1918
- Asbury Hospital v. Cass CountyNorth Dakota Supreme Court · 1943
- Ferch v. Housing Authority of Cass CountyNorth Dakota Supreme Court · 1953
108 more not listed; retrieve them via the Exa API.