State v. First State Bank of Jud

North Dakota Supreme Court

State v. First State Bank of Jud

202 N.W. 404, 52 N.D. 83, 1924 N.D. LEXIS 126

DecidedSeptember 22, 1924

StatusPublished

This text of 202 N.W. 404 (State v. First State Bank of Jud) is published on Counsel Stack Legal Research, covering North Dakota Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. First State Bank of Jud, 202 N.W. 404, 52 N.D. 83, 1924 N.D. LEXIS 126 (N.D. 1924).

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Opinion

Pee Curiak.

This is an action instituted by the Attorney General pursuant to Senate Bill No. 267, Session Laws of 1923, for the purpose of having certain banks declared insolvent and their affairs wound up. This court refrained from entertaining original jurisdiction of such proceeding, and in accordance with § 18 of said Act caused the papers and files therein to be transmitted to the district court of Burleigh County, and designated the Hon. Chas. M. Cooley, one of the Judges of the First Judicial District, to hear and try said controversy.

The Slope County State Bank of Amidon, Eegent State Bank of Eegent and Security State Bank of Courtenay, appeared in said proceeding in the district court and asserted that Senate Bill No. 267, Laws 1923, is unconstitutional and that the proceedings authorized therein and then pending in said district court were violative of cer *84 tain provisions of tbe Federal and State Constitutions. Tbe district court overruled these contentions, and tbe said named three banks appealed.

It is held that the constitutional objections raised by the appellants are not well founded and the order appealed from is affirmed. An opinion will be later filed setting forth more fully the grounds on which this conclusion is based.

Bronson, Ch. J., and Christianson, Birixzell, Nuessle, and JOHNSON, JJ., concur.

After the foregoing opinion was filed the questions involved in this case, and certain additional ones, were raised in State v. Mohall Bank et al., ante, 231 and the decision in that case is determinative of all questions presented in this case.

Affirmed.

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Pee Curiak.

This is an action instituted by the Attorney General pursuant to Senate Bill No. 267, Session Laws of 1923, for the purpose of having certain banks declared insolvent and their affairs wound up. This court refrained from entertaining original jurisdiction of such proceeding, and in accordance with § 18 of said Act caused the papers and files therein to be transmitted to the district court of Burleigh County, and designated the Hon. Chas. M. Cooley, one of the Judges of the First Judicial District, to hear and try said controversy.

The Slope County State Bank of Amidon, Eegent State Bank of Eegent and Security State Bank of Courtenay, appeared in said proceeding in the district court and asserted that Senate Bill No. 267, Laws 1923, is unconstitutional and that the proceedings authorized therein and then pending in said district court were violative of cer *84 tain provisions of tbe Federal and State Constitutions. Tbe district court overruled these contentions, and tbe said named three banks appealed.

It is held that the constitutional objections raised by the appellants are not well founded and the order appealed from is affirmed. An opinion will be later filed setting forth more fully the grounds on which this conclusion is based.

Bronson, Ch. J., and Christianson, Birixzell, Nuessle, and JOHNSON, JJ., concur.

After the foregoing opinion was filed the questions involved in this case, and certain additional ones, were raised in State v. Mohall Bank et al., ante, 231 and the decision in that case is determinative of all questions presented in this case.

Affirmed.

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Bluebook (online)

202 N.W. 404, 52 N.D. 83, 1924 N.D. LEXIS 126, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-first-state-bank-of-jud-nd-1924.