[Download] "State North Dakota Ex Rel. City Bismarck" by Supreme Court of North Dakota * eBook PDF Kindle ePub Free
eBook details
- Title: State North Dakota Ex Rel. City Bismarck
- Author : Supreme Court of North Dakota
- Release Date : January 03, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
Forsythe entered a plea of guilty to a charge of violating an ordinance of the city of Bismarck regulating plumbing. He was given a jail sentence and committed thereunder. Thereupon he petitioned the district court of Burleigh county for a writ of , claiming the ordinance to be unconstitutional and void. The district court issued the writ and he was discharged. The city of Bismarck insisting that the ordinance in question is constitutional and valid, seeks a review of the action of the district court. To that end the city has applied to this court for such relief as may be appropriate. Forsythe, resisting, challenges the propriety of the city's attempted review of the district court's action. His contention in that respect is that there is no pathway that leads to a review of proceedings upon ; that in such case the Disposition of the district court, whether it be denominated an order or a judgment, is final and cannot be reviewed in this court. Counsel for the city, on the other hand, insist that such a review may be had, but confess doubt as to the manner in which it may be obtained. Because of this doubt they have presented to this court simultaneously an attempted appeal from the action of the district court; a writ of error directed to the same end; an application for an original writ of certiorari; and further invoke the exercise of the court's power of superintending control. These several matters were set down for argument at the same time. Counsel for Forsythe appeared and requested that they be considered together and that one brief and argument be submitted to cover all of them. This request was granted and the questions arising will be examined in the light of this presentation.