Legal Opinion

McCann v. Carlson

North Dakota Supreme Court

Decided November 15, 1913PublishedCited by 1 opinion

Appeal from the District Court of Mountrail County, Frwrüc E. Fish, J. The trial court should have granted a permanent injunction. There was no provision made for the safe, convenient, and sanitary equipment of the courthouse. Judicial power is exercised, not to give effect to the will of the judge, but to carry out the will of the law, and give it effect.

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Appeal from the District Court of Mountrail County, Frwrüc E. Fish, J. The trial court should have granted a permanent injunction. There was no provision made for the safe, convenient, and sanitary equipment of the courthouse. Judicial power is exercised, not to give effect to the will of the judge, but to carry out the will of the law, and give it effect. Osborn v. Bank of United States, 9 Wheat. 738, 6 L. ed. 204. Boards of county commissioners have no power or discretion in the performance of a public duty in any other manner than as directed by law. McKinnon v. Bobinson, 24 N. D. 367, 139…

1Opinion of the CourtBubke, J.

At the general election held in Mountrail county • in 1912, the voters authorized the issuance of $50,000 in bonds for the purpose of providing a courthouse for said county. The bonds were sold at par, and the county commissioners thereupon proceeded to advertise for bids for the construction of said building, which bids were receivable August 12, 1913. The defendant Bartleson was the lowest responsible bidder, and received the contract at $49,660. The 5th day of August, 1913, such contract was formally signed, and thereafter, and on the 3d day of September, 1913, said Bartleson executed and…

2Cases cited2 opinions

  1. McKinnon v. RobinsonNorth Dakota Supreme Court · 1912
  2. Engstrom v. Canadian Northern Railway Co.Supreme Court of Minnesota · 1922

3Cited by1 opinion

  1. Brusegaard v. SchroederNorth Dakota Supreme Court · 1972

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