State v. Stockwell
North Dakota Supreme Court
Appeal by defendant Stockwell from a judgment of the District Court for Grand Forks County, Templeton, J., in plaintiff’s favor in an action brought to recover certain unexpended balances retained by defendant under claim of ownership after expiration of his term of office. That portion of § 84 of the Constitution, “and all fees and profits arising from any of said offices shall be covered into the state treasury,” is not self-executing.
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Appeal by defendant Stockwell from a judgment of the District Court for Grand Forks County, Templeton, J., in plaintiff’s favor in an action brought to recover certain unexpended balances retained by defendant under claim of ownership after expiration of his term of office. That portion of § 84 of the Constitution, “and all fees and profits arising from any of said offices shall be covered into the state treasury,” is not self-executing. Woodworth v. Bowles, 61 Kan. 569, 60 Pac. 331; Rowland v. Forest Park Creamery Co. 79 Kan. 134, 99 Pac. 212; Griffin v. Rhoton, 85 Ark. 89, 107 S. W. 380;…
1Opinion
On Petition for Rehearing.
Bruce, J.
This appeal was first presented to and decided by a court of which I was not then a member. It now comes before us on a motion for rehearing, which, under the rules in order to be considered, must show “either that some question, decisive of the case and duly submitted by counsel, has been overlooked by the court, or that the decision is in conflict with an express statute or controlling decision, to which the attention of the court was not called either in the brief or oral argument, or which has been overlooked by the court.” (Rule No. 32, 10 N. D. lvi.)…
2Cases cited2 opinions
- State ex rel. Raymer v. CunninghamWisconsin Supreme Court · 1892
- Commonwealth v. FrySupreme Court of Pennsylvania · 1897