State ex rel. Birdzell v. Jorgenson
North Dakota Supreme Court
Mandamus by the State on relation of Luther E. Birdzell, Erank E. Packard, and Geo. E. Wallace, members of the North Dakota tax commission, against Carl O. Jorgenson, as State Auditor. Statement by Bruce, J. This is an application to the supreme court for a writ of mandamus, and an appeal to its original jurisdiction.
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Mandamus by the State on relation of Luther E. Birdzell, Erank E. Packard, and Geo. E. Wallace, members of the North Dakota tax commission, against Carl O. Jorgenson, as State Auditor. Statement by Bruce, J. This is an application to the supreme court for a writ of mandamus, and an appeal to its original jurisdiction. The petition has affixed to it the indorsement of the attorney general, and is as follows: “Erank E. Packard, being first duly sworn, says that he is a duly appointed, qualified, and acting member of the tax commission of the state of North Dakota, and makes this affidavit in…
1Opinion of the CourtBruce, J.
(after stating the facts as above). The case before us is clearly one which involves “the prerogatives, rights, and franchises of the state government,” and is therefore one in which it is not only the right, but the duty, of this court to exercise original jurisdiction. Constitution of North Dakota, §§ 86, 87; Eev. Codes 1905, §§ 6751, 7822; State ex rel. Goodwin v. Nelson County, 1 N. D. 88 at 101, 8 L.R.A. 283, 26 Am. St. Rep. 609, 45 N. W. 33 ; State ex rel. Moore v. Archibald, 5 N. D. 359, 66 N. W. 234 ; State ex rel. Wineman v. Dahl, 6 N. D. 81, 34 L.R.A. 97, 68 N. W. 418 ; State ex…
2Cases cited90 opinions
- Carr v. State ex rel. CoetlosquetIndiana Supreme Court · 1891
- Newell v. People Ex Rel. PhelpsNew York Court of Appeals · 1852
- Thomas v. OwensCourt of Appeals of Maryland · 1853
- State ex rel. Moore v. ArchibaldNorth Dakota Supreme Court · 1896
- State v. Nelson CountyNorth Dakota Supreme Court · 1890
85 more not listed; retrieve them via the Exa API.
3Cited by26 opinions
- Edwards v. ChildersSupreme Court of Oklahoma · 1924
- Holmgren v. North Dakota Workers Compensation BureauNorth Dakota Supreme Court · 1990
- Crawford v. HuntArizona Supreme Court · 1932
- State Ex Rel. Mills v. WilderSouth Dakota Supreme Court · 1950
- Walker v. OmdahlNorth Dakota Supreme Court · 1976
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