State ex rel. Miller v. Leech
North Dakota Supreme Court
Appeal from the District Court of Cass Count j, Pollock, J. The question of constitutionality should not be passed upon. No one can be allowed to attack a statute as unconstitutional who has no interest in it or who is not affected by its provisions. The constitutional guaranties are for the benefit of those whose rights are affected. State v. McNulty, 7 N. D. 169, 73 N. W. 87; Clark v. Kansas City, 176 U. S. 114, 44 L. ed. 392, 20 Sup. Ct. Rep. 284; Cooley, Const.
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Appeal from the District Court of Cass Count j, Pollock, J. The question of constitutionality should not be passed upon. No one can be allowed to attack a statute as unconstitutional who has no interest in it or who is not affected by its provisions. The constitutional guaranties are for the benefit of those whose rights are affected. State v. McNulty, 7 N. D. 169, 73 N. W. 87; Clark v. Kansas City, 176 U. S. 114, 44 L. ed. 392, 20 Sup. Ct. Rep. 284; Cooley, Const. Lim. chap. 196; Re Wellington, 16 Pick. 96, 26 Am. Dec. 631; Lampasas v. Bell, 180 TJ. S. 281, 45 L. ed. 530, 21 Sup. Ct. Rep.…
1Opinion of the CourtGoss, J.
This is an appeal from an order of the district court of Cass county quashing an alternative writ of mandamus against the county auditor. Assessments of certain light, heat, and power companies, all within Cass county, are involved. In 1914 all of said properties were assessed locally in the same manner as ordinary property there situated. Said assessments were reviewed by the local taxation boards, and acted upon by the county board of equalization, and equalized at the following amounts, to wit:
Union Light, Heat & Power Company, of Fargo, Franchise and Personal
Property…
2Cases cited17 opinions
- Hagar v. Reclamation District No. 108Supreme Court of the United States · 1884
- Fallbrook Irrigation District v. BradleySupreme Court of the United States · 1896
- Londoner v. City and County of DenverSupreme Court of the United States · 1908
- Pittsburgh, Cincinnati, Chicago & St. Louis Railway Co. v. BackusSupreme Court of the United States · 1894
- Kentucky Railroad Tax CasesSupreme Court of the United States · 1885
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3Cited by15 opinions
- State Ex Rel. Johnson v. BakerNorth Dakota Supreme Court · 1945
- State Ex Rel. Clinton Falls Nursery Co. v. County of SteeleSupreme Court of Minnesota · 1930
- State ex rel. Pierce v. SlusherOregon Supreme Court · 1926
- State ex rel. Linde v. PackardNorth Dakota Supreme Court · 1916
- Baird v. Burke CountyNorth Dakota Supreme Court · 1925
10 more not listed; retrieve them via the Exa API.