Legal Opinion

State ex rel. City of St. Paul v. District Court

Supreme Court of Minnesota

Decided November 15, 1901No. Nos. 12,823—(24)PublishedCited by 10 opinions

Writ of certiorari issued from the supreme court to the district court for Ramsey county and Hon. William Louis Kelly, one of the judges thereof, to review a judgment of said court in proceedings under Laws 1899, c. 292, to condemn land for a public market.

1Opinion of the CourtCollins, J.

In a proceeding under Laws 1899, c. 292, to condemn lands for a public market in the city of St. Paul, the material question raised is whether the law is obnoxious to article 4, section 33, of the state constitution, as amended in 1892. The act itself provides;

*378“Section. 1. Whenever the common council in any city of this state having at the last preceding state census more than fifty thousand (50,000) inhabitants shall consider it necessary to procure grounds for a public market, such common council shall appoint a committee,” etc.

It is argued by respondents that this act is in violation of…

2Cases cited1 opinion

  1. Alexander v. City of DuluthSupreme Court of Minnesota · 1899

3Cited by10 opinions

  1. State ex rel. Board of Education v. BrownSupreme Court of Minnesota · 1906
  2. Smith v. StateCourt of Criminal Appeals of Texas · 1932
  3. McGarvey v. SwanWyoming Supreme Court · 1908
  4. City of St. Louis Park v. KingSupreme Court of Minnesota · 1956
  5. State Ex Rel. Decker v. MontagueSupreme Court of Minnesota · 1935

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