Kermott v. Bagley
North Dakota Supreme Court
Application by G. E. Kermott for writ of mandamus to Horace Bagley, county judge. Under the constitution non-judicial powers cannot be conferred on District Courts or its judges. United States v. Ferreira, 13th Flow. 40; Playburn’s Case, 2 Dali. 409; Phelan v. San Francisco, 20 Cal. 40 ; State v. Chase 2 Harr, and J. 297; Ex-parte Riebeling, 70 Fed. 310; DeCamp v. Archibald, -40 Am.
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Application by G. E. Kermott for writ of mandamus to Horace Bagley, county judge. Under the constitution non-judicial powers cannot be conferred on District Courts or its judges. United States v. Ferreira, 13th Flow. 40; Playburn’s Case, 2 Dali. 409; Phelan v. San Francisco, 20 Cal. 40 ; State v. Chase 2 Harr, and J. 297; Ex-parte Riebeling, 70 Fed. 310; DeCamp v. Archibald, -40 Am. State 692; Glaspell v. Jamestown, 11 N. D- 86. Where the right of appeal is given it is inviolate. Dillingham v. Putman, 14 S. W. 303; Simpson v. Simpson, 25 Ark. 487; Ex-parte Anthony, 5 Ark. 358; Peak v. People,…
1Opinion of the CourtFisk, J.
The relator makes application to this court for a writ commanding respondent, judge of the county court of McHenry county, to file relator’s application -for a druggist’s permit, and to assume jurisdiction to hear and determine the same. The sole question involved is the constitutionality of chapter 183, page 266, Laws 1909, which deprives county judges of the powers and duties heretofore granted and imposed upon them relative to the issuance of druggist’s permits, and attempts to impose such duties upon the judges of the district courts. Relator’s contentions are that chapter 183 aforesaid…
2Cases cited7 opinions
- Ryan v. WestonMontana Supreme Court · 1903
- Glaspell v. City of JamestownNorth Dakota Supreme Court · 1902
- Moynihan's Appeal From County CommissionersSupreme Court of Connecticut · 1903
- State ex rel. Young v. BrillSupreme Court of Minnesota · 1907
- Tyson v. Washington CountyNebraska Supreme Court · 1907
2 more not listed; retrieve them via the Exa API.
3Cited by13 opinions
- State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
- City of Carrington v. Foster CountyNorth Dakota Supreme Court · 1969
- State Ex Rel. Spaeth v. MeiersNorth Dakota Supreme Court · 1987
- Ranta v. McCarneyNorth Dakota Supreme Court · 1986
- State ex rel. Twichel v. HallNorth Dakota Supreme Court · 1918
8 more not listed; retrieve them via the Exa API.