State ex rel. Frich v. Stark County
North Dakota Supreme Court
Application 'by the State, on the relation of C. N. Frich, Attorney General, for writ of mandamus to Stark county and others. The act is void under section 1671 of the constitution. An act relating to persons or things as a class is general; one relating to persons or things of a class is special. Sutherland on Stat. Const. 149; Wheeler v. Philadelphia, 17 Pa. 338; Ex parte Lichenstein, 67 Cal. 359, 7 Pac. 728, 56 Am.
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Application 'by the State, on the relation of C. N. Frich, Attorney General, for writ of mandamus to Stark county and others. The act is void under section 1671 of the constitution. An act relating to persons or things as a class is general; one relating to persons or things of a class is special. Sutherland on Stat. Const. 149; Wheeler v. Philadelphia, 17 Pa. 338; Ex parte Lichenstein, 67 Cal. 359, 7 Pac. 728, 56 Am. Rep. 713; McEldowney v. Wyatt, 45 L. R. A. 609, 44 W. Va. 711. The act violates section 168 of the constitution. It requires only a majority of the aggregate votes cast to…
1Opinion of the CourtEngerud, J.
This is an original proceeding in this court, commenced in the name of the state, on the relation of the attorney general, against the county of Stark and the commissioners and auditor of that county, to- obtain from this court an injunction perpetually restraining the defendant officers of Stark county from assuming or exercising jurisdiction, as officers of that county, in or over certain territory which the defendants assert has been added to Stark county by proceedings had pursuant to chapter 69, p. 78, Laws 1903. The law was passed by the eighth legislative assembly, and is entitled “An…
2Cases cited7 opinions
- Denney v. State ex rel. BaslerIndiana Supreme Court · 1896
- Varney v. JusticeCourt of Appeals of Kentucky · 1888
- Page v. AllenSupreme Court of Pennsylvania · 1868
- Collins v. HendersonCourt of Appeals of Kentucky · 1874
- People ex rel. Mooney v. HutchinsonIllinois Supreme Court · 1898
2 more not listed; retrieve them via the Exa API.
3Cited by22 opinions
- City of Sapulpa v. LandSupreme Court of Oklahoma · 1924
- State ex rel. Hughes v. MilhollanNorth Dakota Supreme Court · 1923
- Herr v. RudolfNorth Dakota Supreme Court · 1947
- Wilder v. MurphyNorth Dakota Supreme Court · 1928
- Trellsite Foundry & Stamping Co. v. Enterprise FoundryMichigan Supreme Court · 1961
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