State ex rel. City of Hastings v. Dakota County
Supreme Court of Minnesota
Upon the relation of the city of Hastings, the district court for Dakota county granted its alternative writ of mandamus directed to Dakota county and the auditor and treasurer thereof, commanding that they pay all moneys arising from taxation for road, bridge and street, purposes within the corporate limits of the city of Hastings, excepting state road and bridge tax, amounting to the sum of $6,967.50, into the treasury of said city.
Read the full summary
Upon the relation of the city of Hastings, the district court for Dakota county granted its alternative writ of mandamus directed to Dakota county and the auditor and treasurer thereof, commanding that they pay all moneys arising from taxation for road, bridge and street, purposes within the corporate limits of the city of Hastings, excepting state road and bridge tax, amounting to the sum of $6,967.50, into the treasury of said city. Defendants interposed a demurrer to the petition on the ground that the facts stated in the petition and alternative writ .did not constitute a cause of action.…
1Opinion of the Court
QüINN, J.
The relator is a city of the fourth class operating under a home rule charter and is located in Dakota and Washington counties. Its governing body has the exclusive control, supervision and care of the streets and highways and the expenditure of all moneys arising from the taxation of real and personal property within the corporate limits for such purposes, except the state road and bridge tax. The individual defendants are respectively the auditor and treasurer of Dakota county. Between April 7, 1913, and December 5, 1917, the treasurer of Dakota county collected the sum of…
2Cases cited5 opinions
- Nichols v. WalterSupreme Court of Minnesota · 1887
- Railroad Co. v. RichmondSupreme Court of the United States · 1878
- Allen v. Pioneer-Press Co.Supreme Court of Minnesota · 1889
- Ex Parte SohnckeCalifornia Supreme Court · 1905
- State v. Chicago, Milwaukee & St. Paul Railway Co.Supreme Court of Minnesota · 1911
3Cited by4 opinions
- State Ex Rel. Pearson v. Probate CourtSupreme Court of Minnesota · 1939
- State Ex Rel. Benson v. PetersonSupreme Court of Minnesota · 1930
- State Ex Rel. City of New Prague v. County of ScottSupreme Court of Minnesota · 1935
- State Ex Rel. Standeven v. ArmstrongSupreme Court of Oklahoma · 1911