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A Page from RULING CASE LAW
With marginal annotations illustrating its extensive use in current opinions
Entire section 87 quoted in
State v. Packard
35 N. D. 313.
Entire section 87 referred to in
87. Rule Stated.--Before a law can be attacked by any person on the ground that it is unconstitutional, he must show that he has an interest in the question in that the enforcement of the law would be an infringement on his rights.13 One who is not prejudiced by the enforcement of an act of the legislature cannot question its constitu- tionality, or obtain a decision as to its validity on the ground that it impairs the rights of others.15 It has been said that courts cannot pass on the question of the constitutionality of a statute ab- McGlue V. Co. Coms. stractly, but only as it applies and is sought to be enforced in the government of a particular case before the court, for the power to revoke or repeal a statute is not judicial in its character.16 An ex- ception to this rule has been recognized in some jurisdictions in the case where the jurisdiction of the court itself depends on the validity of a statute, and the attention of the court is brought to that fact by persons interested in the effect to be given to the statute, al- though not actually interested in the case before the court.1
Entire section 87
cited in Land v. State, 81 So. 159 Florida.
State v. Heffernan, 40 R. I. 121.
Entire section 87 cited in
Coman v. Baker, 179 S. W. 939 Texas.
Entire section 87 cited in
Gay v. Dist. Ct., 41 Nev. 330.
Entire section 87 cited in
McCoy v. Davis, 38 N. D. 328.
88. Interest as to Discriminatory Laws.-Where the class which includes the party complaining is in no wise prejudiced the general rule is that it is immaterial whether a law discriminates against other 36 Utah 406, 104 Pac. 285, 140 A. S. R. 834.
13. Brown v. Smart, 145 U. S. 454, 12 S. Ct. 958, 36 U. S. (L. ed.) 773; Red River Valley Nat. Bank v. Craig, 181 U. S. 548, 21 S. Ct. 703, 45 U. S. (L. ed.) 994; Hoker v. Burr, 194 U. S. 415, 24 S. Ct. 706, 48 U. S. (L. ed.) 1046; Citizens' Nat. Bank v. Common- wealth of Kentucky, 217 U. S. 443, 30 S. Ct. 532, 54 U. S. (L. ed.) 832; Brown-Forman Co. v. Commonwealth of Kentucky, 217 U. S. 563, 30 S. Ct. 578, 54 U. S. (L. ed.) 883; Franklin County v. State, 24 Fla. 55, 3 So. 471, 12 A. S. R. 183; People v. McBride, 234 Ill. 146, 84 N. E. 865, 123 A. S. R. 82, 14 Ann. Cas. 994; Fesler v. Bray- ton, 145 Ind. 71, 44 N. E. 37, 32 L.R.A. 578; Isenhour v. State, 157 Ind. 517, 62 N. E. 40, 87 A. S. R. 228; Sullivan v. Berry, 83 Ky. 198, 4 A. S. R. 147; In re Wellington, 16 Pick. (Mass.) 87, 26 Am. Dec. 631; Wiles v. Williams, 232 Mo. 56, 133 S. W. 1, 34 L.R.A. (N.S.) 1060; State v. Blake, 241 Mo. 100, 144 S. W. 1094, Ann. Cas. 1913C 1283; Cram v. Chicago, B. & Q. R. Co., 84 Neb. 607, 122 N. W. 31, 21 L.R.A. (N.S.) 1022; People v. Turner, 117 N. Y. 227, 22 N. E. 1022, 15 A. S. R. 498 and note; Pugh v. Pugh, 25 S. D. 7, 124 N. W. 959, 32 L.R.A. (N.S.) 954; State v. Candland,
14. Walsh v. Columbus, H. V. & A. R. Co., 176 U. S. 469, 20 S. Ct. 393, 44 U. S. (L. ed.) 548; Vought v. Co- lumbus, H. V. & A. R. Co., 176 U. S. 481, 20 S. Ct. 398, 44 U. S. (L. ed.) 554; District of Columbia v. Brooke, 214 U. S. 138, 29 S. Ct. 560, 53 U. S. (L. ed.) 941; New York Life Ins. Co. 2. Hardison, 199 Mass. 190, 85 N. E. 410, 127 A. S. R. 478; Cram v. Chi- cago, B. & Q. R. Co., 84 Neb. 607, 122 N. W. 31, 26 L.R.A. (N.S.) 1022, 85 Neb. 586, 123 N. W. 1045, 19 Ann. Cas. 170 and note; Newport v. Horton, 22 R. I. 196, 47 Atl. 312, 50 L.R.A. 330.
15. Smiley v. Kansas, 196 U. S. 447, 25 S. Ct. 289, 49 U. S. (L. ed.) 546; Knight, etc., Co. v. Miller, 172 Ind. 27, 87 N. E. 823, 18 Ann. Cas. 1146; Kansas City v. Union Pac. Ry. Co., 59 Kan. 427, 53 Pac. 468, 52 L.R.A. 321; Sullivan v. Berry, 83 Ky. 198, 4 A. S. R 147; State v. Haskell, 84 Vt. 429, 79 Atl. 852, 34 L. R. A. (N.S.) 286; Mc- Kinney v. State, 3 Wyo. 719, 30 Pac. 293, 16 L.R.A. 710.
16. Note: 12 A. S. R. 827.
17. New York Life Ins. Co. v. Har- dison, 199 Mass. 190, 85 N. E. 410, 127
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