Legal Opinion

State ex rel. Johnson v. Clark

North Dakota Supreme Court

Decided May 2, 1911PublishedCited by 34 opinions

Appeal from District Court, Ward county; Goss, Judge. ! Application by the state, on tbe relation of I. A. Johnson, as relator and one of the trustees and officers of the village of North Minot, and as a resident and property owner and taxpayer of said corporation, and as a property owner and taxpayer of Harrison township, against .Sam H. Clark, mayor of the city of Minot, and others, and the city of Minot, for writ of certiorari.

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Appeal from District Court, Ward county; Goss, Judge. ! Application by the state, on tbe relation of I. A. Johnson, as relator and one of the trustees and officers of the village of North Minot, and as a resident and property owner and taxpayer of said corporation, and as a property owner and taxpayer of Harrison township, against .Sam H. Clark, mayor of the city of Minot, and others, and the city of Minot, for writ of certiorari. From an order and judgment setting .aside an action of the city council of Minot in attaching certain terriitory, defendants appeal.

1Opinion of the Court

Pollock, Special J.

The matters in controversy in this proceeding -were instituted in the lower court by the issuance of a writ of certiorari. "The record discloses the following facts:

On the 18th day of March, 1909, the city council of the city of Minot, North Dakota, passed a certain resolution extending the limits of said city to include what is now known as North Minot. In said resolution, among other things, we find the following:

“Whereas, the city of Minot is a city incorporated under the general laws of the state of North Dakota, and has more than 5,000 inhabitants, and
“Whereas, the…

2Cases cited8 opinions

  1. Taylor v. City of Fort WayneIndiana Supreme Court · 1874
  2. Glaspell v. City of JamestownNorth Dakota Supreme Court · 1902
  3. People ex rel. Hathorne v. MorrowIllinois Supreme Court · 1899
  4. Moede v. County of StearnsSupreme Court of Minnesota · 1890
  5. Ind. Dist. of Sheldon v. Board of SupervisorsSupreme Court of Iowa · 1879

3 more not listed; retrieve them via the Exa API.

3Cited by34 opinions

  1. State ex rel. Linde v. TaylorNorth Dakota Supreme Court · 1916
  2. State v. City of North Kansas CitySupreme Court of Missouri · 1950
  3. State ex rel. Wehe v. FrazierNorth Dakota Supreme Court · 1921
  4. Town of Madison v. City of MadisonWisconsin Supreme Court · 1955
  5. Ramstad v. CarrNorth Dakota Supreme Court · 1915

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