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;…
1ConcurrenceBurke, J.
The majority opinion is, as far as it goes, entirely satisfactory to me. The reasons hereinafter set forth are to be additional ones only. The majority opinion has construed chapter 85 of the Session Laws of the year 1901, and holds that the said act did not give to the defendant any right to the funds in suit. They base their construction upon the . language of the act, and show conclusively that it was not the legislative intent to give said funds to the defendant. With that result I agree; it seems absurd to say that the legislature intended the defendant to have the surplus funds when…
2Cases cited20 opinions
- United States v. HillSupreme Court of the United States · 1887
- City of St. Louis v. MeintzSupreme Court of Missouri · 1891
- Finley v. Territory of Oklahoma Ex Rel. KeysSupreme Court of Oklahoma · 1903
- Board of County Commissioners v. DickeySupreme Court of Minnesota · 1902
- Crawford v. BradfordSupreme Court of Florida · 1887
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