State v. Stockwell
North Dakota Supreme Court
Appeal by defendant Stockwell from a judgment of the District Court for Grand Forks County, Templeton, J., in plaintiff’s favor in an action brought to recover certain unexpended balances retained by defendant under claim of ownership after expiration of his term of office. That portion of § 84 of the Constitution, “and all fees and profits arising from any of said offices shall be covered into the state treasury,” is not self-executing.
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Appeal by defendant Stockwell from a judgment of the District Court for Grand Forks County, Templeton, J., in plaintiff’s favor in an action brought to recover certain unexpended balances retained by defendant under claim of ownership after expiration of his term of office. That portion of § 84 of the Constitution, “and all fees and profits arising from any of said offices shall be covered into the state treasury,” is not self-executing. Woodworth v. Bowles, 61 Kan. 569, 60 Pac. 331; Rowland v. Forest Park Creamery Co. 79 Kan. 134, 99 Pac. 212; Griffin v. Rhoton, 85 Ark. 89, 107 S. W. 380;…
1Opinion of the CourtGoss, J.
There is no conflict as to the facts in this case. It stands admitted that during the three terms defendant and appellant served in public office as the superintendent of public instruction in this state there came regularly into his possession by virtue of his office the sum of $17,714, as the proceeds of that number of $1 payments contributed by that number of teachers under the provisions of § 876 of the Revised Codes of 1905, or chap. 85 of the Session Laws of 1901. Under this statute each applicant for teacher’s certificate on examination therefor paid a fee of $2 to the county…
2Cases cited41 opinions
- Washburn College v. Comm'rs of Shawnee Co.Supreme Court of Kansas · 1871
- President, Directors, & Co. of Newburgh & Cochecton Turnpike Road v. MillerNew York Court of Chancery · 1821
- Cole v. White CountySupreme Court of Arkansas · 1877
- Astor v. MerrittSupreme Court of the United States · 1884
- United States v. KingSupreme Court of the United States · 1893
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3Cited by13 opinions
- State v. DouglasSouth Dakota Supreme Court · 1944
- Giese v. EngelhardtNorth Dakota Supreme Court · 1970
- Lancaster County Bank v. MarshelNebraska Supreme Court · 1936
- State Ex Rel. Tax Commissioner v. TuchschererNorth Dakota Supreme Court · 1964
- County of Sargent v. SweetmanNorth Dakota Supreme Court · 1915
8 more not listed; retrieve them via the Exa API.