State ex rel. Heffron v. District Court
North Dakota Supreme Court
Mandamus by the State on relation of F. C. Heffron, Assistant Attorney General of State of North Dakota, against The District Court for the County of Stark in the Tenth Judicial District of the State of North Dakota, and the Hon. K. E. Leighton, acting Judge for said District Court in the action in said District .Court entitled, “The State of North Dakota, Plaintiff, vs. Charles Nolan, Defendant.”
Read the full summary
Mandamus by the State on relation of F. C. Heffron, Assistant Attorney General of State of North Dakota, against The District Court for the County of Stark in the Tenth Judicial District of the State of North Dakota, and the Hon. K. E. Leighton, acting Judge for said District Court in the action in said District .Court entitled, “The State of North Dakota, Plaintiff, vs. Charles Nolan, Defendant.” Statement by Beuce, J. This is an application for a writ which shall command the district court of the county of Stark to proceed and try one Charles Nolan upon a charge of contempt of court. It is…
1Opinion of the CourtBeuce, J.
(after stating tbe facts as above). Article 4, § 86, of the Constitution of North Dakota provides that “tbe supreme court, except as otherwise provided in this Constitution, shall have appellate jurisdiction only, which shall be coextensive with the state, and shall have a general superintending control over all inferior courts under such regulations and limitations as may be prescribed by law.”
Section 7822 of the Code provides: “'The writ of mandamus may be issued by the supreme and district courts to any inferior tribunal, corporation, board, or person to compel the performance of an act…
2Cases cited19 opinions
- Gompers v. Bucks Stove & Range Co.Supreme Court of the United States · 1911
- State ex rel. Fourth National Bank of Philadelphia v. JohnsonWisconsin Supreme Court · 1899
- Merced Mining Co. v. FremontCalifornia Supreme Court · 1857
- ParkerSupreme Court of the United States · 1889
- Raleigh v. First Judicial District CourtMontana Supreme Court · 1900
14 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- State ex rel. Braatelien v. DrakeleyNorth Dakota Supreme Court · 1913
- Baker v. LenhartNorth Dakota Supreme Court · 1922