Bismarck daily tribune. [volume] (Bismarck, Dakota [N.D.]) 1881-1916, 1914-07-25
Supreme Court
Fre@ Cavalier County.
. O0novan, Appellant,

G4hLB4E'SeSS ENLARGEMENT
p. 4. Donovan, Appellant. S#l
,S ass w
w. E. DicksIoa md Ezra Block, Rs4
Complaint examined and held moi
vulnerable tosattack by demurrer up.
on the groundSol alleged insullcien.
cy q ths ssllsgations to state . cause
Of action.
(0ylIabSesh y the covrt.)
Appeal from District Court, Cav.
alier County; Cowan, ].
From an order sustaining de.
murrer @ tho compliant, plaintiff ap.
peals. s
Reversed. opinion Of the Court "
Fisk, y; Gosas VI. not participating.
Geo. M Pf1cs, RLangdon. M ~. Tor
Appellant. si
Dickson ! Dsyaney. Lansdon. N.
p, for RassponAsnts.
From Mercer County.
R. 8. Enge. Appellant.
sa1 IN.
John L. Case, Respondent.
i. In order "a be eligible to hold
the Office Of states Attorney the In
cumbent must be duly licensed 70
practice @ anSsattorney and counselor
1t law ~ the courts OF this state.
While no express requirement to such
effect is contained either In the con.
stitution 81 statutes OF this state,
such Is the clear and necessary i'm
plication 70 ~ deduced from the ian
guage employed both in section 17a
OF the Constellation, and In the prpyi.
sions Of IT, Code prescribing the
duties Of . states attorney.
2. Respondent, who was m elect
or Of Mercer county, but who had
not been admitted to practice q IN
attorney and counselor at law IN the
courts Of NdrthsDakota, but who was
entitled to auch admiss.o N on mo-
ton, without examination as to hia
qualifications, NO. elected to the Of
fee Of States Attorney * the gen
eral election ins November, 1919.
Thereafter and prior to his induction
into Office, he Was, on motion, duly
admitted 40 anxGttorney and counsel
or at law. Held, that his election
was valid and the he Is entitled to
hold such ONCE. The case or Jen-
ness VS. Clark 81 N. DISC 10 differ.
entiated from the case at bar.
(eyllabue BY the court.)
Appeal from District Court, Mercer
County; s.. i. NIchols, J.
Action in the nature Of quo war
ranto to determine respondents right
to hold the once OF States Attorney,
From q Judgment In defendants t.
vor, plaintiff appeals.
Affirmed. Opahi6n' Of the Court by
Fisk, j. rsh
Newton, Dunam & Young, Bis.
marck, N. d., for Appellant.
II. i. Ferry and Thorstein Hyland,
Stanton. N. D.. Tor Respondent.
From Gu County. 5ss38
The Diocese or Nrgo. d Corporation,
Plaintiff and Respondent,
Wy sSs8a
county sof Cass. mi Incorporation, d..
fendant and Appellant.
!. Fees WrongfnlU exacted under
an unconstitutional statute, by the
County Judge by virtue OF his ON.
cial position, for the Ming Of the ~
ventory and apprsisement OF deced-
ent's estate, reQuiredRto be filed with
In q given time In order that the ex-
ecutOf might proceed, may be recov-
cred as Involuntary paid, although
the ding could have been compelled
BY mandamius, and although such
fees were thus paid without any for.
NAL protest. n.
2. Money exacted by q public on
Ger and paid in excess OF his legal
fees In. order to obtain the perform
ance OF his Official duty, to which the
payor is entitled without such pay
ment, Is compulsory. and may be re.
covered back, and In suchsa case II 10
not necessary that the payor should
have protested against such payment.
(8yllabus ~ the Court
Appeal from District Court, Cass
county; Charles AsPollock, j.
From an order overriding q demur-
Irer to the complaant, defendant ap-
peals.
Afirmed. Opinion 81 the Court ~
Fisk. j.
q. w. Fowler Estates Attorney,
Fargo, N. D, for Appellant.
lPfefer & PfetfeS. Fargo. N. D.. for
Respondent.
MAKING THE sWIMMINo HOLE
SS SAFE.
(Fr0m the Cleveland Plain Dealer
Unfortunately, IN occasional trag.
edy marks the history Of . swim.
ming hole. Water deep enough ia
swim in comfortably ID also deep
enough to drown Nor are natural
swimming places, In creek or river,
always as nicely graded q to depth
as the rich mans artificial pool;
when he is In he u likely to be clear