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;…
1DissentFisk, J.
I am unable to concur in the views of the majority of the members of the court as above expressed. With due deference to the judgment of my associates I feel that they wholly fail to grasp the controlling legal principles involved in this case. This is quite manifest to my mind from a careful perusal of the majority opinion.
I will here set forth my views as briefly as possible:
It is expressly conceded by the attorney general that the legislature had the unquestioned power, if it so desired, to allow the appellant the moneys thus received from the county superintendents or any balance…
2Cases cited6 opinions
- Beam v. . JenningsSupreme Court of North Carolina · 1887
- Bruce v. County Commissioners of Dodge CountySupreme Court of Minnesota · 1874
- County Commissioners v. DuvallCourt of Appeals of Maryland · 1880
- Henderson v. State ex rel. BaldwinIndiana Supreme Court · 1884
- Commonwealth v. FrySupreme Court of Pennsylvania · 1897
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