Legal Opinion

Soper v. County of Sibley

Supreme Court of Minnesota

Decided June 8, 1891PublishedCited by 11 opinions

An election was held in the county of Sibley, on September 27, 1890, upon the question of removing the county-seat from the borough of Henderson to the village of Gaylord. The result ■ as declared by the county board was that 1,528 votes were cast for removal and 1,532 against it.

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An election was held in the county of Sibley, on September 27, 1890, upon the question of removing the county-seat from the borough of Henderson to the village of Gaylord. The result ■ as declared by the county board was that 1,528 votes were cast for removal and 1,532 against it. On October 29th, a notice of contest was served, and the cause came on to be heard in the district court for the same county, before Baxter, J., (acting for the judge of the 8th district,) and on motion of the county board a dismissal was ordered for failure of the notice to state grounds or facts sufficient to…

1Opinion of the CourtMitchell, J.

Taking as true all that is alleged in the notice of contest, it would not change the result of the election, unless the whole vote of the town of Arlington is thrown out as illegal. Hence the only question that need be considered is the sufficiency of the specifications of the points of contest relating to the illegality of the vote of that town.

The first point specified is that no lists of the electors of the town were posted 10 days prior to the election, as provided by Laws 1887, c. 4, § 6. Assuming that this provision of the general election law is applicable to county-seat elections held…

2Cases cited2 opinions

  1. In re the Senate of MinnesotaSupreme Court of Minnesota · 1865
  2. State ex rel. Attorney General v. Southern Minnesota RailroadSupreme Court of Minnesota · 1871

3Cited by11 opinions

  1. Weber v. City of HelenaMontana Supreme Court · 1931
  2. Fitzmaurice v. WillisNorth Dakota Supreme Court · 1910
  3. Moon v. HarrisSupreme Court of Minnesota · 1913
  4. Christenson v. AllenSupreme Court of Minnesota · 1963
  5. Packwood v. BrownellCalifornia Supreme Court · 1898

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