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 of the Court
Bruce, CL J.
This is an appeal from an order dissolving a temporary restraining order, and from a judgment dismissing the action. The plaintiff sought to permanently restrain the State Live Stock Sanitary Board from destroying a certain mare, which the said board had determined to be “infected with a dangerous, contagious, and infectious disease known as dourine.”
The statutes [Comp. Laws 1913] under which the board acted are as follows:
“Section 2678: A board is hereby established to be known as the ‘State Live Stock Sanitary Board.’ This board shall consist of five members to be appointed by…
2Cases cited20 opinions
- Mugler v. KansasSupreme Court of the United States · 1887
- Lawton v. SteeleSupreme Court of the United States · 1894
- Kidd v. PearsonSupreme Court of the United States · 1888
- United States v. Ju ToySupreme Court of the United States · 1905
- New York Ex Rel. Lieberman v. Van De CarrSupreme Court of the United States · 1905
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3Cited by20 opinions
- Andrews v. O'HEARNNorth Dakota Supreme Court · 1986
- State v. CromwellNorth Dakota Supreme Court · 1943
- State Ex Rel. Cleveringa v. KleinNorth Dakota Supreme Court · 1933
- Loftus v. Department of Agriculture of IowaSupreme Court of Iowa · 1930
- Johnson v. ElkinNorth Dakota Supreme Court · 1978
15 more not listed; retrieve them via the Exa API.