State ex rel. Ahern v. Anders
North Dakota Supreme Court
Appeal from the District Court of Dunn County, dismissing a writ of mandamus against the County Commissioners, Crwioford, J. Article four (4) of chapter forty-two (42) of the Political Code is a removal statute, and not a relocation statute. Miller v. Norton, 22 N. D. 196, 132 N. W. 1080. The Constitution preserved in force all territorial laws not repugnant to its provisions. Schedule to Const. § 2. Repeals by implication are not favored.
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Appeal from the District Court of Dunn County, dismissing a writ of mandamus against the County Commissioners, Crwioford, J. Article four (4) of chapter forty-two (42) of the Political Code is a removal statute, and not a relocation statute. Miller v. Norton, 22 N. D. 196, 132 N. W. 1080. The Constitution preserved in force all territorial laws not repugnant to its provisions. Schedule to Const. § 2. Repeals by implication are not favored. There must be a positive repugnancy between the provisions of the new laws and those of the old laws. Sargent County v. Sweetman, 29 N. D. 256, 150 N. W.…
1Opinion of the CourtBurke, J.
The county of Dunn was organized January 17, 1908, by proclamation of the governor, who, at said time, named Manning as the temporary county seat, under § 3-, chapter 63, Sess. Laws 1907, *574now known as § 3193, Comp. Laws 1913. Thereafter the government of the county was conducted at said place, the county owning a plat of ground upon which was located a courthouse, which was destroyed by fire about the 19th of January, 1914. Since this date, rooms have been rented for the use of said county offices. About the 6th day of August, 1914, a petition for the removal of the county seat from Manning…
2Cases cited8 opinions
- United States v. TynenSupreme Court of the United States · 1871
- Keese v. City of DenverSupreme Court of Colorado · 1887
- Lawrence County v. Meade CountySouth Dakota Supreme Court · 1895
- First National Bank v. LewisNorth Dakota Supreme Court · 1909
- Miller v. NortonNorth Dakota Supreme Court · 1911
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