Powers Elevator Co. v. Pottner
North Dakota Supreme Court
Appeal from District Court, Eddy county; Burke, J. Action by the Powers Elevator Company against F. J. Pottner. Judgment for plaintiff, and defendant appeals. When the subject of an act is announced in its title, means and instrumentalities may be created in the act for its accomplishment, but not vice versa.
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Appeal from District Court, Eddy county; Burke, J. Action by the Powers Elevator Company against F. J. Pottner. Judgment for plaintiff, and defendant appeals. When the subject of an act is announced in its title, means and instrumentalities may be created in the act for its accomplishment, but not vice versa. State v. Nomland, 3 N. D. 427, 57 N. W. 85; Richards v. Stark County, 8 N. D. 392, 79 N. W. 863; Divet v. Richland Co., 8 N. D. 65, 76 N. W. 993; State v. Woodmansee, 1 N. D. 246, 46 N. W. 970; State v. Haas, 2 N. D. 202, 50 N. W. 254; Power v. Kitching, 10 N. D. 254, 86 N. W. 737; Paine…
1Opinion of the CourtMorgan, C. J.
This is an action to foreclose a mechanic’s lien upon buildings situated upon land occupied by the defendant under the homestead laws of the United States. The sole question presented on the appeal pertains to the constitutionality of chapter 101, p. 129, Laws 1901. Two objections are urged in support of the contention that the law is unconstitutional: (1) That the subject of the act is not wholly embraced within its title; (2) That the law is not of uniform application. The title of the act is as follows: “An act regulating the filing and foreclosure of mechanic’s liens upon lands held or…
2Cases cited12 opinions
- Vermont Loan & Trust Co. v. WhithedNorth Dakota Supreme Court · 1891
- Edmonds v. HerbrandsonNorth Dakota Supreme Court · 1891
- Diana Shooting Club v. LamoreuxWisconsin Supreme Court · 1902
- State ex rel. Goodsill v. WoodmanseeNorth Dakota Supreme Court · 1890
- State ex rel. Kol v. North Dakota Children's Home SocietyNorth Dakota Supreme Court · 1901
7 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- State ex rel. Erickson v. BurrNorth Dakota Supreme Court · 1907
- State v. Fargo Bottling Works Co.North Dakota Supreme Court · 1910
- Herr v. RudolfNorth Dakota Supreme Court · 1947
- State ex rel. Gaulke v. TurnerNorth Dakota Supreme Court · 1917
- State v. MillerNorth Dakota Supreme Court · 1964
17 more not listed; retrieve them via the Exa API.