Richard v. Stark County
North Dakota Supreme Court
Appeal from District Court, Stark County; Winchester, J. Action by Wilson L. Richards against Stark County. From a judgment sustaining a demurrer to the complaint, plaintiff appeals.
1Opinion of the CourtBartholomew, C. J.
Plaintiff brought this action against Stark County to procure by a civil action relief formerly recoverable by information in the nature of quo warranto. There was a general demurrer to the complaint, under which, of course, no question as to parties plaintiff or form of action could be raised. .The demurrer was sustained, and plaintiff appeals from the order. It is conceded that the case turns exclusively upon the constitutionality of chapter 25, Laws 1895. Plaintiff brings this action upon the theory that such act is unconstitutional. If he is in error, he must fail. The act is attacked as…
2Cases cited4 opinions
- People Ex Rel. City of Rochester v. BriggsNew York Court of Appeals · 1872
- State ex rel. Goodsill v. WoodmanseeNorth Dakota Supreme Court · 1890
- State ex rel. Standish v. NomlandNorth Dakota Supreme Court · 1893
- State v. HaasNorth Dakota Supreme Court · 1891
3Cited by18 opinions
- Erickson v. Cass CountyNorth Dakota Supreme Court · 1903
- State ex rel. Erickson v. BurrNorth Dakota Supreme Court · 1907
- State ex rel. Walker v. McLean CountyNorth Dakota Supreme Court · 1903
- State ex rel. Kol v. North Dakota Children's Home SocietyNorth Dakota Supreme Court · 1901
- Powers Elevator Co. v. PottnerNorth Dakota Supreme Court · 1907
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